The United States District Court for the District of Columbia ruled that the FDA may not regulate e-cigarettes as drugs or medical devices. 

Judge Leon's decision came in response to a lawsuit filed by two e-cigarette manufacturers that challenged the FDA's jurisdiction over these products. The court issued a preliminary injunction against the FDA, which prohibits the FDA from taking any action against electronic cigarettes on the basis of its assertion that these are unapproved drug delivery devices that must comply with the Food, Drug, and Cosmetic Act. That injunction will hold until such time as the court fully reviews the case and issues a final decision.
The court also considered the FDA's argument that removal of electronic cigarettes from the market is a huge public health benefit that outweighs any economic harm to the e-cigarette companies. However, the Court found that the FDA's argument was greatly exaggerated and failed to find any reason to think that removing electronic cigarettes from the market would protect the public's health. In fact, the ruling specifically states that there is no reason to believe that electronic cigarettes are any more dangerous than traditional cigarettes. (pi)