Scottsdale-Based E-Cigarette Company Gets Big Win in Federal Court

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A Scottsdale company that distributes "e-cigarettes," the robotic and arguably equally harmful alternative to traditional cigarettes, got some good news today from a federal judge: The Food and Drug Administration has to back off in blocking imports of the devices.

The judge ruled in favor of Sottera, the distributor of the NJOY "e-cigarette," saying the FDA must not try to regulate the devices more stringently than it does ordinary tobacco products -- because the "e-cigarettes" are basically just a modern-day tobacco product.

The hoopla began when the FDA tried to over-regulate the devices, claiming they were a "drug-device combination," not a tobacco product. Because of the distinction, the FDA was confiscating the devices when they came into U.S. ports from foreign manufacturers for more than a year.

In response to the seizures, Sottera and Florida-based company Smoking Everywhere sued the FDA and won.


"This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices," Judge Richard Leon wrote in his ruling. "Unfortunately, its tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."

This is the latest battle in the war between "e-cigarette" companies and the FDA.

In July, the FDA released a report claiming that "e-cigarettes" are just as bad for people as traditional cigarettes, even though robo-cig companies were claiming the contrary.

NJOY maintained that it was conducting its own experiments to contradict the FDA's claim. We're yet to see the report, but we're waiting with bated coughs.

UPDATE: The NJOY study is out -- it was published last night. You can check it out here.
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9 comments
e-cigarettes
e-cigarettes

Great news.. Electronic cigarette has the power to quit smoking. Now people preferred e-cigarettes, they are not using traditional cigarettes. 

Jo Zhou
Jo Zhou

I am a manufacturer of E-cigarette in shenzhen China.My company has been produced e-cigarette for 3 years with a good reputation.Welcome anyyone who plans to importer e-cigarette.pls email me. sales19@sinrowsun.com .EGO-T  650mah                        13.60usd/pcEGO-T  1100mah                        14.60usd/pcEGO-C     650mah                     19.00usd /SETEGO-C     1100mah                   20.00usd /SETEGO-T  LCD    650mah            18.33usd/pcEGO-T  LCD  900mah              19.20usd/pcEGO-W  650mah                       16.32usd/pcEGO-W1100mah                       17.35usd/pc

Best Electronic Cigarette
Best Electronic Cigarette

Oneof the research study shared by the Boston University students of Public Healththat was conducted in the year 2010, also shows positive remarks on e-cigs.

Shala Ohms
Shala Ohms

In today's society, almost every manufactured product is preserved or seasoned with chemicals. Robo-cigs are the safer choice, since they don't harm other people with second hand smoke and help a smoker gradually quit smoking.

Inhalant Addiction
Inhalant Addiction

Aerosols are sprays that contain propellants and solvents such as toluene--one of the most common solvents found in aerosols. Common aerosols include paint, deodorant, hair products, cooking products, and fabric protector. Silver and gold spray paint are particularly popular among inhalant abusers.

Stone
Stone

Shenzhen JoyeLife Technology Company  Limited is a hi-tech enterprise which specializes in the R&D,manufacturing, sales and service of health electronic cigarettes. For years, we have been carrying out the customer supreme principle, taken the technical support as a basis, wholeheartedly provide the advanced technical products and the high quality services to our customers.We make every effort to mass production of electronic cigarette and technology innovation. For we bear in mind: professional quality and reasonable price are the source of our development, and also our best return to customers.All products of JoyeLife are certified by CE.RoHs,FCC The aim of JoyeLife is to share mutual benefits, knowledge, technology and experience with their partners. 

Electronic Cigarette
Electronic Cigarette

 This is fantastic news. It is great to hear a judge with reasonable and responsible actions regarding the e cigarette, a product which has the potential to save thousands.http://www.ecigator.com

E Cigarette
E Cigarette

This is really a fair decision from Judge Leon. That was really an great article from NJOY electronic cigarette company. Really this is such an awesome post. Thanks for sharing the post.

Electronic Cigarette Review
Electronic Cigarette Review

I'm sure we'll see evidence that they are nowhere near as harmful as traditional cigarettes...how can they be with no tobacco and minus the thousands of chemicals that are in traditional cigrettes. NJOY cigarettes are the future!

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