A judge ruling states that FDA has no authority to regulate electronic cigarettes

Filed Under Smoking 

Tobacco-based cigarettes have always received disapproval especially from health institutes and organizations. That is the reason why anti-smoking campaigns are constantly being organized. As we all know, smoking tobacco cigarettes bring about numerous health hazards. These health hazards include cancer and cardiovascular diseases. To deal with these issues, several smoking alternatives are available in the market. Nicotine lozenges, nicotine patches, and nicotine gums are some of the popularly used alternatives to smoking. Prescription alternatives are also available like nasal nicotine spray. These alternatives to smoking are the main tools for nicotine replacement therapy.

With the help of innovative technology, a breakthrough smoking alternative was introduced in 2003. Right after its introduction, electronics cigarettes gained much popularity and recognition. NJOY cigarette is the leading global brand of premium electronic cigarettes. NJOY electronic cigarettes have loads of features and benefits. NJOY cigarettes simulate the whole smoking experience, but without all the health issues. NJOY electronic cigarettes replicate the look, taste, and feel of traditional tobacco cigarettes.

On the contrary of all its features and benefits over conventional tobacco cigarettes, the FDA has regulated electronic cigarettes. They criticized the claim that electronic cigarettes as a “healthier” or “safer” alternative to smoking tobacco. In spite of the makers’ claim that electronic cigarettes are safer, the FDA said it found hazardous cancer-causing elements in the device.

Just recently, a ruling by District Court Judge Richard Leon sided with two electronic cigarette manufacturers, NJOY and Smoke Everywhere, against the lawsuit they filed against the FDA. The companies prosecuted the government after the FDA began interrupting shipments of e-cigarettes last year. The judge said that the FDA has gone beyond bounds its influence to regulate electronic cigarettes.

Since electronic cigarettes do not involve combustion, manufacturer’s asserted e-cigarettes as a healthier smoking alternative. But the FDA differed this fact and considered electronic cigarettes as a combination drug device, and therefore should undergo more rigorous safety standards than conventional tobacco cigarettes.

Judge Leon rejected that logic from the FDA and found its regulation against electronic cigarettes to be unreasonable. Even with the FDA’s recently acquired power to regulate tobacco-based products, NJOY electronic cigarettes won’t be included in the said regulation because it does not contain tobacco.

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