A U.S. Court of Appeals said today the Food and Drug Administration (FDA) can only regulate e-cigarettes as a tobacco product.

Backing a lower court ruling a three-judge panel of the U.S. Court of Appeals in Washington unanimously upheld an injunction against the FDA’s attempt to ban them or regulate them more strictly as drugs.
The ruling means the government can oversee the marketing of the products, not restrict their sale. This means manufacturers of e-cigarettes won't have to conduct expensive clinical trials to prove to the FDA that the products are safe and effective as a stop-smoking aid.
The decision is a setback to the FDA and other public health organizations, which had argued e-cigarettes should be regulated like nicotine replacement gum or patches. They also have warned that e-cigarettes contain dangerous chemicals and are being marketed to children. (pi)