Tobacco.org

• Electronic Cigarette VS FDA 

Smoking Everywhere, Inc. filed a federal complaint today seeking an injunction against the FDA with respect to the FDA's recent attempts to ban the import of Electronic Cigarettes. The company believes the use of inhaled nicotine in a form and purpose similar to traditional smoked tobacco cigarettes is outside of FDA's jurisdiction under the Federal Food Drug and Cosmetic Act. The Supreme Court of the United States determined in 2000 that the FDA lacked authority under the FDCA to regulate traditional tobacco cigarettes as a drug/medical device combination and it is Smoking Everywhere's position that the same legal rationale should apply to its electronic cigarette product.

United States District Court for the District of Columbia Smoking Everywhere, Inc. vs. U.S. Food and Drug Administration Case no 09-cv-0771

Jump to full article »