The Legal Battle Over Electronic Cigarette Continues

This post is a continuation of our “What is Going on with the FDA and the Electronic Cigarette?” blog post from May 1st, 2009. So what is going on now? Well, as we noted, Judge Leon granted a preliminary injunction to the electronic cigarette suppliers until the case is resolved. This meant that the FDA [...]

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Why Doesn’t The FDA Want The Electronic Cigarette As a Tobacco Product?

Many users of electronic cigarettes, as well as suppliers and health advocates who support the technology, are scratching their heads about why the FDA is so determined to make the electronic cigarette a new drug and drug delivery device rather than attempting to regulate it as a tobacco product.  We too have pondered this question, [...]

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What does Judge Leon’s Ruling Against The FDA Mean For Electronic Cigarettes?

Many in the electronic cigarette industry believe that Judge Leon’s ruling against the FDA is the final word in the battle over the future of electronic cigarettes. That is not the case. It was, however, a legal opinion about the potential outcome of a trial regarding the classification of the electronic cigarette. Judge Leon gave [...]

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Federal Judge: FDA Has No Authority Over Electronic Cigarettes

Judge Leon has ruled in the Smoking Everywhere and Njoy lawsuit against the FDA. He found 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 [...]

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