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FDA VS E-Cig We all knew it was coming. The FDA is whining up a storm about the decision by U.S. District Judge Richard J. Leon that the e-cig is not under their jurisdiction. The FDA states that Judge Leon was and "quite wrong to believe that no injury would result from the use of these harmful and addictive products" that he mistakenly believed electronic cigarettes, and their related component e-liquid, were regulated under new tobacco laws signed in by President Obama in 2009. Initially, the FDA filed an appeal with a federal court in Washington. They requested a stay to Judge Leon's order that prevents the agency from blocking import of the electronic cigarette into the United States. The FDA claimed they do have authority to regulate products containing nicotine if they are considered a drug or drug delivery device and the ecig fits this criteria. Supporting their claim, they cite their ability to govern such drugs and devices as nicotine patches & nicotine gum. The FDA believes they have the power to regulate ecigs because they are a drug being imported into the US without FDA approval. If the FDA had its way and ecigs are regulated like a drug, they would be subjected to clinical and scientific testing before the FDA would approve them for public sale. This would cost the e cig manufactures millions of dollars and essentially shut down their business. The FDA had been seizing shipments bound into the US that contain any form or component of the electronic cigarette. Eliquids, ecig batteries and atomizers along with the e-cig themselves have all been at risk of being impounded by US Customs under the order of the FDA. Currently, thousands of packages are being imported in an legal grey area concerning their legitimacy. If you order e-cigs from abroad, you may very well have your shipment impounded and never receive it. At present, the FDA has withdrawn their appeal. They will regulate e-cigs like they do tobacco products and not require that they adhere to the strict federal guidelines associated with medical devices and products. Related What Is The E-Cig? Smokeless Cigarettes Healthy Or Health Hazard |
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