FDA Loses 2nd Case Against Electronic Cigarette Companies

February, 2011

In an effort to better regulate the marketing and sale of e-cigarettes, the FDA has made numerous attempts to have these products regulated as drug-delivery devices (which must be approved before they are marketed) rather than tobacco products (which do not need to be pre-approved), as they are currently classified. However, because e-cigarette companies do not claim that their products are effective smoking cessation aids, the courts continue to rule against the FDA.