WASHINGTON – A federal judge decided that the U.S. Food and Drug Administration (FDA) could not stop companies from importing electronic cigarettes, the Washington Post reports. Since 2008, the FDA has seized the battery-powered smoking devices. Smoking Everywhere and Sottera, two suppliers, filed a lawsuit to stop the agency from taking their products.
U.S. District Judge Richard J. Leon sided with the companies after finding that e-cigarettes are tobacco products, not drugs. “This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices,” the judge wrote in his opinion. The companies were granted a temporary injunction against the agency.
The judge referred to the FDA’s efforts as a “tenacious drive to maximize its regulatory power.” In a statement, the agency said it would review the decision: “The public health issues surrounding electronic cigarettes are of serious concern to the FDA.”
Court papers revealed that the agency considers e-cigarettes to be drug-delivery devices, ones that have not been FDA-approved. In December, the New Jersey Senate approved restrictions on e-cigarettes, while other states have been looking into limits on the devices as well.