Last Monday, the U.S. Court of Appeals for the District of Columbia Circuit rejected the FDA’s request to have the entire court review a December decision by a three-judge panel that went against the agency. In December of 2010, the court found that as long as electronic cigarettes aren’t marketed as a way to treat or cure a disease, i.e., smoking cessation aids, these products should be regulated as medicine products, and not as a drug or medical device.
“We are extremely pleased with the court’s decision to not rehear the case,” says Kevin Frija, President and CEO of Vapor Corp. “The government’s re-hearing request was unanimously denied, emphasizing the force of the panel’s original decision last December. This decision should finally resolve any lingering doubt which has challenged the electronic industry for quite some time now. There are over 1 billion smokers in the world today, and recreational tobacco is a $100 billion+ a year industry. Electronic cigarettes provide an alternative to traditional tobacco smoking, offering a number of advantages over traditional cigarettes — we believe it best to move this discussion outside of the courtroom,” added Mr. Frija.