Recent Federal Ruling on Electronic Cigarettes Could Lead to Expanded Use

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Recent Federal Ruling on Electronic Cigarettes Could Lead to Expanded Use

Posted On : Mar-29-2011 | seen (355) times | Article Word Count : 674 |

The U.S. Circuit Court of Appeals in D.C. has ruled that the FDA may regulate e-cigarettes only as tobacco, not as a drug.

Fans of the e-cigarette, or so-called “smokeless cigarettes” are reveling in a recent decision by the U.S. Circuit Court of Appeals for the D.C. Circuit that the Food and Drug Administration (FDA) can regulate the electronic cigarette only as a tobacco product, and not as a drug.

A Dec. 7, 2010 ruling in the case of Sottera Inc. v. Food and Drug Administration, No. 10-5032 (D.C. 2010) certainly has manufacturers and distributors of e-cigs breathing easier, as they will not be subjected to regulations that previously had barred the products entry into the U.S. The ruling essentially declassifies the wildly popular electronic cigarette as a drug, making it more likely for the import and use of the products to rise.

An e-cigarette is a battery-powered product that allows users to inhale nicotine vapor without fire, smoke, ash or carbon monoxide, the court noted. All manufacturers and distributors of the e-cig, and there are several different kinds, maintain their products are in no way designed to help traditional tobacco smokers to quit. Although, the health risks involved in using smokeless tobacco products are significantly less than those concerning traditional tobacco and nicotine-based cigarettes and cigars.

So what is the e-cig anyway? Well, they are designed to look like a traditional cigarette, or cigar. Each e-cigarette, or e-cig typically consists of three parts: the nicotine cartridge, the atomizer or heating element, and the battery and electronics. The plastic cartridge serves as the mouthpiece and contains e-liquid nicotine, water, propylene glycol and glycerol. The atomizer vaporizes the liquid nicotine, and the battery and electronics power the atomizer and monitor airflow. When the user inhales, the electronics detect the airflow and activate the atomizer. The e-liquid nicotine is vaporized, and the user inhales the vapor.

An importer and distributor of the e-cigarette last year sought a preliminary injunction against the FDA, hoping to bar the organization from denying its products entry into the United States and from regulating the e-cigarette under the drug-device provisions of the Federal Food, Drug and Cosmetic Act (FDCA). In April 2009, the FDA ruled that a shipment of e-cigarettes be denied entry into the United States, claiming that the e-cigarette devices fall under the category of unapproved drug-device combinations by the FDCA, according to court documents. As a result, the district court granted the FDA a preliminary injunction, and the appeals court affirmed, ruling that the FDA can only regulate the e-cigarette under the Tobacco Act.

“This is a victory for e-cigarette manufacturers,” as they do not have to comply with the rigorous testing and other FDA regulations that would occur had the e-cigarette been regulated under the FDA as a drug, remarked Celia Joseph, an attorney with Fisher & Phillips in Radnor, Pa.. This is not the first time the FDA has targeted tobacco in their efforts to widen the scope of drug classification. The FDA tried in 1996 to regulate all tobacco products as drugs, however, the Supreme Court ruled against that action by a 5-4 vote in 2000, leading to work in Congress to develop the tobacco control act that passed last year, according to the New York Times.

The December ruling appears to cement the case against the FDA and is expected to prompt widespread use of e-cig products as manufactures and distributors will likely begin ramping up shipments once again.

“The decision will likely make use of the e-cigarette more common, as they are simply under the same regulatory scheme as conventional cigarettes, not drugs or other more highly controlled substances,” Bill Duda, an attorney with Ogletree Deakins in Columbia, S.C., as told to an online Web site advocating workers’ rights. In the article, Duda, who is an attorney for advocates against the import of the e-cig, also said that there is a very strong likelihood of an increase in nonsmokers’ complaints about secondhand vapors if e-cigarette use is not banned in the workplace.

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<h1>Recent Federal Ruling on Electronic Cigarettes Could Lead to Expanded Use</h1> Author: <a href='http://www.articleseen.com/profile_William Ford.aspx'>William Ford</a> Fans of the e-cigarette, or so-called “smokeless cigarettes” are reveling in a recent decision by the U.S. Circuit Court of Appeals for the D.C. Circuit that the Food and Drug Administration (FDA) can regulate the electronic cigarette only as a tobacco product, and not as a drug.

A Dec. 7, 2010 ruling in the case of Sottera Inc. v. Food and Drug Administration, No. 10-5032 (D.C. 2010) certainly has manufacturers and distributors of e-cigs breathing easier, as they will not be subjected to regulations that previously had barred the products entry into the U.S. The ruling essentially declassifies the wildly popular electronic cigarette as a drug, making it more likely for the import and use of the products to rise.

An e-cigarette is a battery-powered product that allows users to inhale nicotine vapor without fire, smoke, ash or carbon monoxide, the court noted.  All manufacturers and distributors of the e-cig, and there are several different kinds, maintain their products are in no way designed to help traditional tobacco smokers to quit.  Although, the health risks involved in using smokeless tobacco products are significantly less than those concerning traditional tobacco and nicotine-based cigarettes and cigars.

So what is the e-cig anyway?  Well, they are designed to look like a traditional cigarette, or cigar.  Each e-cigarette, or e-cig typically consists of three parts: the nicotine cartridge, the atomizer or heating element, and the battery and electronics. The plastic cartridge serves as the mouthpiece and contains e-liquid nicotine, water, propylene glycol and glycerol. The atomizer vaporizes the liquid nicotine, and the battery and electronics power the atomizer and monitor airflow. When the user inhales, the electronics detect the airflow and activate the atomizer. The e-liquid nicotine is vaporized, and the user inhales the vapor.

An importer and distributor of the e-cigarette last year sought a preliminary injunction against the FDA, hoping to bar the organization from denying its products entry into the United States and from regulating the e-cigarette under the drug-device provisions of the Federal Food, Drug and Cosmetic Act (FDCA).  In April 2009, the FDA ruled that a shipment of e-cigarettes be denied entry into the United States, claiming that the e-cigarette devices fall under the category of unapproved drug-device combinations by the FDCA, according to court documents.  As a result, the district court granted the FDA a preliminary injunction, and the appeals court affirmed, ruling that the FDA can only regulate the e-cigarette under the Tobacco Act.
 
“This is a victory for e-cigarette manufacturers,” as they do not have to comply with the rigorous testing and other FDA regulations that would occur had the e-cigarette been regulated under the FDA as a drug, remarked Celia Joseph, an attorney with Fisher & Phillips in Radnor, Pa..  This is not the first time the FDA has targeted tobacco in their efforts to widen the scope of drug classification.  The FDA tried in 1996 to regulate all tobacco products as drugs, however, the Supreme Court ruled against that action by a 5-4 vote in 2000, leading to work in Congress to develop the tobacco control act that passed last year, according to the New York Times.
 
The December ruling appears to cement the case against the FDA and is expected to prompt widespread use of e-cig products as manufactures and distributors will likely begin ramping up shipments once again.

“The decision will likely make use of the e-cigarette more common, as they are simply under the same regulatory scheme as conventional cigarettes, not drugs or other more highly controlled substances,” Bill Duda, an attorney with Ogletree Deakins in Columbia, S.C., as told to an online Web site advocating workers’ rights. In the article, Duda, who is an attorney for advocates against the import of the e-cig, also said that there is a very strong likelihood of an increase in nonsmokers’ complaints about secondhand vapors if e-cigarette use is not banned in the workplace.About the Author: For more details please visit <a rel="nofollow" href="http://www.electroniccigaretteproducts.com/">www.electroniccigaretteproducts.com</a> Article Source: <a href='http://www.articleseen.com/Article_Recent-Federal-Ruling-on-Electronic-Cigarettes-Could-Lead-to-Expanded-Use_57590.aspx'> http://www.articleseen.com/Article_Recent Federal Ruling on Electronic Cigarettes Could Lead to Expanded Use_57590.aspx</a>

Article Source : http://www.articleseen.com/Article_Recent Federal Ruling on Electronic Cigarettes Could Lead to Expanded Use_57590.aspx

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For more details please visit www.electroniccigaretteproducts.com

Keywords : E Cigarette, ECig, Electronic Cigarettes,

Category : Health and Fitness : Health and Fitness

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