As a result of a federal appeals court decision on Dec. 7th (2010), e-cigarettes may continue to be legally sold in the US under federal law. In 2009, the US Food and Drug Administration (FDA) moved to establish authority over e-cigarettes as drugs or durg delivery devices by blocking the import of new e-cigarette shipments into the US. In Sottera v. FDA, the court ruled the FDA does not have the authority to continue to block the shipments (D.C. Cir 2010)
The ruling does not necessarily apply to all e-cigarettes on the market. If an e-cigarette company markets its products as a smoking cessation aid, the FDA may still have the authority to regulate it as a drug or drug delivery device.
The FDA could still appeal this decision, however no appeal has been made as of yet.
The full article can be read by clicking below.
http://www.phlpnet.org/tobacco-control/question/what-latest-lawsuit-chall
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