FDA Loses Appeal, Can’t Regulate E-Cigarettes as Drug

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.