Variety is the spice of life. The importance of options also applies to tobacco products.
E-cigarettes are the most recent take on tobacco and a recent U.S. Court of Appeals opinion affirms that the tobacco vapor cigarette is, in fact, a tobacco product, rather than a drug as the Food and Drug Administration argued.
The issue before the court hinged on an important classification: whether electronic cigarettes are a tobacco product or a drug or device. If they were classified as the latter, they would fall under regulation by the FDA. In ruling that e-cigarettes are a tobacco product, the FDA’s role is limited to overseeing the marketing of the product, but it cannot restrict the sale.
Electronic cigarette manufacturer Njoy markets their product as a tobacco alternative for “smoking pleasure” and not as a device or therapy product – a promotion approach that the court found convincing. “We’re thrilled. Now we can continue to market e-cigarettes under the Tobacco Act,” Business Week quotes company president Craig Weiss on the victory.
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