Clear E-Cigarettes for Sale, Makers Ask Court

E-cigarettes are not marketed as a stop-smoking device and should be cleared for sale in the U.S., according to lawyers for device manufacturers who asked a federal judge to life an embargo imposed by the U.S. Food and Drug Administration (FDA).

The National Law Journal reported Aug. 19 that lawyers for e-cigarette makers Smoking Everywhere and NJoy told the court that the FDA erred in calling their products unapproved drug-delivery devices. E-cigarettes are portable vaporizers that deliver a dose of nicotine to users.

“We don’t want people weaned off the e-cigarette,” said attorney Kip Schwartz is making the case that the products are not smoking-cessation aids. “We want them smoking it as long as they smoked regular cigarettes.”

During the Washington, D.C., hearing to consider the companies’ request for a preliminary injunction against the FDA, U.S. District Court Judge Richard Leon asked the lawyers how the new Family Smoking Prevention and Tobacco Control Act would affect the case, since it gives FDA broader powers to regulate tobacco products. The lawyers said there would be no impact because e-cigarette makers don’t claim the devices improve users’ health.

However, an attorney for the FDA told the court that e-cigarette makers were using health claims to market the products, such as customer testimonials that e-cigarettes helped them quit smoking.