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FDA lacks the authority to regulate electronic cigarettes

 Sep 19, 2014    Rules and Regulations

The U.S. Food and Drug Administration lacks the authority to regulate electronic cigarettes as drugs or devices, an appeals court ruled, upholding a lower-court decision. The U.S. Court of Appeals in Washington said today the FDA can only regulate e-cigarettes as a tobacco product. The ruling means the government can oversee the marketing of the products, not restrict their sale.

The e-cigarette consists of a battery, a heating element and a cartridge that contains a liquid suspension with nicotine. When a user inhales from the cartridge, the liquid is heated and a vapor is emitted. The nicotine is obtained from tobacco plants.

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