Federal Judge: FDA Has No Authority Over Electronic Cigarettes

WASHINGTON -(Dow Jones)- A U.S. judge said the U.S. Food and Drug Administration doesn’t have authority to regulate electronic cigarettes, dealing a blow to the agency’s efforts to regulate tobacco products as drugs or devices.

In a 32-page opinion, U.S. District Judge Richard J. Leon sided with electronic cigarette maker Smoking Everywhere Inc. in finding that the FDA has no authority to regulate the products and can’t stop them from entering the country.

“This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices,” Leon said in his ruling. He added the FDA’s “tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable.”

Read more here: Federal Judge: FDA Has No Authority Over Electronic Cigarettes

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