FDA To Treat E-Cigs as Tobacco Products

The agency said yesterday that it wouldn't attempt to regulate e-cigarettes as drug-delivering devices.

April 26, 2011

WASHINGTON - The Food and Drug Administration announced yesterday that it plans to regulate e-cigarettes as tobacco products and won??t regulate them as drug-delivering devices.

The FDA said in a letter to stakeholders that it intends to propose rule changes to treat e-cigs the same traditional cigarettes and other tobacco products.

Bloomberg reports: "The U.S. Court of Appeals in Washington said in December the FDA can only regulate e-cigarettes as a tobacco product if they aren??t marketed for therapeutic purposes. The ruling meant the government can oversee the sales of the products.

"E-cigarette maker Sottera Inc., which does business as Njoy, argued in the case that its products ?" battery-powered devices that generate a nicotine vapor instead of smoke ?" are tobacco products and not drugs. E-cigarettes are marketed as a tobacco alternative for 'smoking pleasure,?? rather than for therapeutic uses, the company said."

Be on the lookout for the May issue of NACS Magazine and a feature article on e-cigarettes.

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