Vapor Corp. is delighted to announce today’s significant victory for the electronic cigarette industry. A U.S. federal appeals court found that as long as electronic cigarettes aren’t marketed as a way to treat or cure a disease, i.e., smoking cession aids, the U.S. FDA lacks the authority to regulate these products under the Federal Food, Drug, and Cosmetic Act (“FDCA”), and has no authority to block importation of these electronic cigarettes. “Together, Brown and Williamson and the Tobacco Act establish that the FDA cannot regulate customarily marketed tobacco products under the FDCA’s drug/device provisions, that it can regulate tobacco products marketed for therapeutic purposes under those provisions, and that it can regulate customarily marketed tobacco products under the Tobacco Act. Of course, in the event that Congress prefers that the FDA regulate e-cigarettes under the FDCA’s drug/device provisions, it can always so decree,” the Court declared.
“We are extremely pleased with this court ruling,” says Kevin Frija, President and CEO of Smoke 51. “The ruling finally resolves any lingering doubt which has challenged the electronic industry for quite some time now. Vapor Corp. has always been proactive in taking many steps to ensure the responsible marketing of our electronic cigarettes. Vapor Corp. in no way markets its product as smoking cessation devices; we market our product as an alternative to smoking traditional tobacco cigarettes, added Mr. Frija. “There are over 1 billion smokers in the world today, and recreational tobacco is a 100 billion+/year industry. Vapor Corp. is the industry leader for electronic cigarettes, and we have been working diligently to enter into very visible distribution channels across the United States. With today’s legal victory, we are best positioned among our competitors to quickly capture an even greater market share for our products,” added Mr. Frija.