Court Order: FDA Has NO Authority Over Electronic Cigarettes
“Here come the Judge”
The honorable Judge Leon has ruled in the electronic cigarette companies Njoy and Smoking Everywhere lawsuit against the FDA.
Electronic cigarettes offer healthy smoking alternatives to smoking cigarettes by using water vapor created from nicotine cartridges instead of actual smoke from burning tobacco and are less expensive than cigarettes.
The Judge says that the electronic cigarette suppliers “are substantially likely to succeed on the merits and are likely to suffer irreparable harm if I do not return the parties to the status quo ante, their respective motions for preliminary injunction are GRANTED pending a final disposition of this case.”
In addition Judge Leon said, “This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices under the FDCA.”
What this means is the FDA can not legally stop the importation of “electronic cigarettes” into the United States by these companies or any other company that deals and or distributes electronic cigarettes that are for sale.
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