FDA Law Blog - e-cigarettes, D.C. Circuit Court of Appeals..

December 13, 2010 - The D.C. Circuit Court of Appeals upheld the D.C. District Court’s grant of an injunction that bars FDA's regulation of ENDS (electronic nicotine delivery system) as drug/device products absent claims of intended use to that effect (for our prior posting on the district court decision).

Electronic Nicotine Delivery System = ENDS = e-cigarettes..

Directly related news brief:
December 7, 2010 - Federal Court of Appeals - e-cigarettes - rules against the FDA..

Reference: Yes, e-cigarettes are Tobacco Products (Not Drugs/Devices) by Ricardo Carvajal, FDA Law Blog, 12/9/2010.