Federal Court of Appeals - e-cigarettes - rules against the FDA..


December 7, 2010 - U.S. Court of Appeals for the D.C. Circuit in an opinion said today the FDA can only regulate e-cigarettes as a tobacco product. The ruling means the government can oversee the marketing of the products, not restrict their sale. (No. 10-5032 SOTTERA, INC., DOING BUSINESS AS NJOY, APPELLEE v. FOOD & DRUG ADMINISTRATION, ET AL., APPELLANTS)

The appeals court unanimously (3-judges) upheld an injunction against the FDA’s attempt to ban them or regulate them more strictly as drugs.

February 2, 2010 - U.S. FDA appealing a federal judge's ruling on e-cigarettes.;
January 31, 2010 - U.S. FDA - judge's ruling regarding e-cigarettes must be appealed - ASAP..

A nebuliser is a device used to administer medication in the form of a mist inhaled into the lungs. The e-cigarette consists of a battery, a heating element and a cartridge that contains a liquid suspension with nicotine. When a user inhales from the cartridge, the liquid is heated and the vaporized liquid can be inhaled. How can both not be devices to administer a substance? Nicotine is a highly addicting, highly toxic substance that has been shown to enhance the growth of an existing cancer and also, in itself is carcinogenic. (PAPER: Nicotine in cigarettes linked to breast cancer..)

Nicotine is very poisonous and ingesting even the smallest amount can cause extreme fatigue, vomiting, a rapid yet weak pulse, and possibly nervous breakdowns, even death. (FDA: Electronic cigarettes contain toxic chemicals..; E-cigarettes - scientists want more safety studies before use..)

The e-cigarettes user inhales various flavors of nicotine (that may isolated from tobacco or synthetically made). The Halo Electronic Cigarettes web site states that Chinese smoke juice (nicotine) is notorious for being manufactured using Pesticide-Grade Nicotine, and Industrial-Grade Propylene Glycol. These contaminated ingredients pose an increasing and unnecessary risk to electronic cigarette users throughout the world. More from Halo: The e-liquid industry is flooded with inferior made juice from overseas, from companies that care little about the safety of their customers. It is notorious for being manufactured using inferior grades of Nicotine, Glycerin and Propylene Glycol. These low-grade ingredients pose an increasing and unnecessary risk to electronic cigarette users throughout the world.

From Ruyan e-cigarettes flavors: regular tobacco, marlboro, mint, almond, chocolate, cherry, regular, menthol, Apple and strawberry. They have surveyed a number of electronic cigarette smokers and the overwhelming favorites are menthol and, believe it or not, strawberry. More: Philip Morris - Ruyan Group - e-cigarettes..

The federal appellate court's opinion is an embarrassment for the United States and a set back for the effort to prevent youngsters from becoming nicotine addicts never able to reach their full potential. The New York State Assembly has voted overwhelmingly 125-0 to ban e-cigarettes [e-cigs]; a product which has already been banned in Australia, Brazil, Canada, Israel, Mexico, and New Zealand, restricted in Finland, Malaysia, and Singapore, pending restriction in the UK as a drug, and the subject of law suits by attorneys general in several states, says public interest law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH). (New York Moves Towards Total E-Cigarette Ban, Tobacco Facts, 4/29/2010) Even Russia has proposed to ban electronic cigarettes - until the manufacturers have carried out clinical studies and toxicity analysis.
(Russia - electronic cigarettes to be banned..)

The FDA is “studying the opinion and considering next steps,” Jeffrey Ventura, a spokesman for the agency, said in an e-mailed statement.

Non-profit health organizations such as The American Lung Association, the American Cancer Society Cancer Action Network, the American Heart Association and the Campaign for Tobacco-Free Kids, have called for e-cigarettes to be removed from the market.

Campaign for Tobacco-Free Kids, criticized the decision. “This ruling invites the creation of a wild west of products containing highly addictive nicotine, an alarming prospect for public health,” the group said in an e-mailed statement. “We urge the government to appeal this ruling to the U.S. Supreme Court.”

The American Heart Association.. “We’re gravely concerned about the implications of today’s ruling,” association chief executive Nancy Brown said in a statement. “The appeals court has cleared the way for the industry to peddle these products to consumers without any scrutiny as to their safety or efficacy.

Reference: FDA Loses Appeal, Can't Regulate Electronic Cigarettes as Drug, Court Says by Don Jeffrey (djeffrey1@bloomberg.net), editor responsible for this story: David E. Rovella (drovella@bloomberg.net), Bloomberg.com, 12/7/2010; E-Cigarettes Win Appeals Ruling by DUFF WILSON, The New York Times, 12/7/2010.

Some e-cigarette news briefs:
E-cigarettes - a device for delivery of variable amounts of vaporized nicotine..;
U.S. e-cigarette imports banned indefinitely - ASH..;
THIS MUST STOP - e-cigarette company asking active duty soldiers to buy their product..;
Electronic cigarettes - study finds not an effective nicotine delivery system..;
U.S. - federal appeals court, import of e-cigarettes on hold again..;
U.S. FDA appealing a federal judge's ruling on e-cigarettes..;
U.S. FDA - judges ruling regarding e-cigarettes must be appealed - ASAP..;
California - attorney general thinks e-cigarette distributor is targeting minors..;
E-cigarettes - scientists want more safety studies before use..;
In Process: US. Federal District court judge makes serious error regarding the import of e-cigarettes..;
New Jersey assemblywoman wants to limit electronic (e) cigarettes..;
"Smoking Everywhere", an electronic cigarettes retailer sued..;
Dubai, UAE customs blocks e-cigarette shipment..;
Connecticut AG Blumnethal wants to ban e-cigarettes..;
Orgeon - files lawsuit against e-cigarette company..;
Saudi Arabia - banning sales of electronic (e) cigarettes..;
Smoking Everywhere - e-cigarette distributor..;
Oregon - electronic (e) cigarettes sales prohibited until approved by FDA..;
Israel bans electronic (e) cigarettes..;
New Zealand - 1st trial ever of e-cigarettes..;
FDA: Electronic cigarettes contain toxic chemicals..;
e-cigarettes - Company sues FDA for blocking imports of product..;
e-cigarettes - FDA approval needed prior to marketing..;
E-cigarettes need to establish efficacy and safety - FIRST..;

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