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Court rules: FDA cannot regulate electronic cigarettes! Dec 7th, 2010

It had been a great day for consumers who moved from tobacco cigarettes to the electronic ones. The US Court of Appeals in Washington decided that FDA can only regulate electronic cigarettes as a tobacco product. This is great news for the whole electronic cigarette industry and heralds a great future for the already successful product. In a translation from legalese, the court's ruling means that FDA cannot put restrictions on the sale of e-cigs.

Again, it was e-cig retailer NJOY who took a lead and produced a benefit that is going to improve the prospects for whole industry. Most retailers already market e-cigarettes as an alternative smoking device, meant to provide healthier smoking. The court decided that electronic cigarettes are not drugs and that they are not marketed as items meant for therapeutic uses.

The president of NJOY, Craig Weiss declared: "We're thrilled. Now we can continue to sell e-cigarettes under the regulations of the Tobacco Act." Obviously FDA's spokesmen had an opposite opinion and he declared that, "We are studying the opinion and considering next steps". Also, the Washington based group Campaign for Tobacco-Free Kids declared: “This ruling invites the creation of a wild west of products containing highly addictive nicotine, an alarming prospect for public health.”

Practically, Congress never granted FDA with powers to treat tobacco products as drug-delivery devices. So the Court of Appeals ruled that FDA was one step ahead of itself, when it tried to impose a ban on importing electronic cigarettes and generally restrict their sales.

The e-cigarette consists of a battery, a heating element and a cartridge that contains a liquid suspension of nicotine. When a user inhales from the cartridge, the liquid is heated and a vapour is emitted. The nicotine is obtained from tobacco plants.

NJOY sells a “starter kit” for $79.99 that includes two batteries, a charger and five cartridges, Weiss said. Users can buy a bottle of five replacement cartridges for $19.99, with each cartridge roughly equal to one and a half to two packs of cigarettes. A pack of cigarettes in New York costs about $10. Savvy consumers can get NJOY coupons with a 10% discount.

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