CIGOTINE Celebrates Federal Ruling Allowing Import and Distribution of E-Cigarettes

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“This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices,” Judge Leon wrote.

Providence, RI (PRWEB) January 20, 2010

Recently, Judge Richard J. Leon of Federal District Court in Washington issued a preliminary injunction in a lawsuit brought by two distributors of e-cigarettes. In the ruling, Judge Leon stated that e-cigarettes must be classified and regulated by the FDA in the same manner as tobacco cigarettes, and not as drug delivery devices. Therefore, any bans limiting the import and distribution of electronic smoking devices have been lifted.

“This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices,” Judge Leon wrote.

With the passage of landmark tobacco legislation last year, he added, the FDA’s new tobacco division will be able to regulate the contents and marketing of e-cigarettes in the same way it will regulate traditional tobacco products. But the agency’s drug division cannot ban the devices, the judge ruled.

While this is a victory for users of alternative smoking devices, the FDA will likely continue to attempt to limit users’ rights by classifying e-cigarettes as tobacco devices, despite the products lack of tobacco or tobacco-based chemicals.

This decision comes less than a month after the New Jersey senate approved a bill by a 38-0 vote, restricting the sale and use of electronic cigarettes, and expanding the "smoking" definition to include e-cigarettes. This was based on recent misinformation presented to the media by the FDA in regards to electronic smoking devices.

Cigotine is designed to provide users a convenient, satisfying smoking alternative in places where smoking is normally not permitted. Its design and manner of use, while reminiscent of traditional tobacco cigarettes, is functionally different on many levels, and does not produce the smoke, odor or negative societal effects of tobacco smoking.

Alternative nicotine delivery devices have no products of combustion and none of the toxins found in cigarette tobacco. On the basis of currently available research data, these products should be seen as similar to pharmaceutical nicotine products, as they offer a risk of smoking-related illness well under 1% of the risks faced by traditional tobacco smokers.

Cigotine, LLC does not promote the use of its products as a measure in which to quit smoking. However, the company believes that the FDA must fulfill its duty to provide accurate information to the public. By simply informing smokers that they could possibly reduce their risk of tobacco-related illness by switching to alternative nicotine delivery products, the FDA could benefit the 8 million current cigarette smokers who will likely face a tobacco-related illness over the next 20 years.

Cigotine, LLC urges e-cigarette users to support the amendment of the FDA/Tobacco bill to encourage the development and marketing of safer alternatives to cigarettes, under strict but fair FDA oversight, and with marketing restrictions in place to reduce the numbers of adolescents who initiate use of cigarettes and other nicotine delivery products.

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