Court rules Smoking Everywhere's electronic cigarette a tobacco product, not a drug

SUNRISE, Fla. An electronic cigarette designed to mimic the effects and traditional cigarettes qualifies as a tobacco product rather than a drug, a U.S. District Court ruled Friday.

The U.S. District Court for the District of Columbia ruled in favor of Smoking Everywhere in the company’s lawsuit against the Food and Drug Administration, which had ordered that the company’s electronic cigarettes be denied entry into the United States, saying that the cigarettes were unapproved drug-device combinations.

“This is an important decision because it defines the scope of FDA authority under the Federal Food, Drug and Cosmetic Act, the newly enacted Family Smoking Prevention and Tobacco Control Act and properly frames the application of the laws regulating the use of tobacco products in the United States,” said partner Walt Linscott of the law firm Thompson Hine, which argued the case.

Login or Register to post a comment.