The FDA is in the process of having e-cigarettes labeled as a drug-delivery device so they can be regulated [source: FDA]. Manufacturers, however, say the e-cigarette is simply recreational, and should not be subject to FDA regulation. Two e-cigarette companies, Smoking Everywhere and NJOY, sued the FDA in the district court of the District of Columbia for impounding their products, and won. The judge ruled that "there is no basis for the FDA to treat electronic cigarettes … as a drug-device combination when all they purport to do is offer consumers the same recreational effects as a regular cigarette" [source: U.S. District Court].


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