Dec. 7 2010
Washington, D.C. - A federal appeals court ruling today that the U.S. Food and Drug Administration (FDA) cannot regulate electronic cigarettes as drugs and devices is wrong on the law, wrong on the facts and fails to take into account the harmful implications of this decision for public health. This decision will allow any manufacturer to put any level of nicotine in any product and sell it to anybody, including children, with no government regulation or oversight at the present time. We urge the government to appeal this ruling.
While the court found that the FDA could regulate electronic cigarettes as tobacco products, it will take the FDA time to assert jurisdiction over these products and issue regulations governing them, leaving these products unregulated in the meantime. This ruling invites the creation of a wild west of products containing highly addictive nicotine, an alarming prospect for public health.
The ruling was issued by United States Court of Appeals for the District of Columbia Circuit.