In a setback for the Food and Drug Administration and other public health organizations, the U.S. Court of Appeals in Washington, D.C. has ruled that the Food and Drug Administration should regulate electronic cigarettes as tobacco products, rather than as drug-delivery devices, which have more stringent requirements.  The ruling means e-cigarette manufacturers won't have to conduct expensive clinical trials to prove to the FDA that the products are safe and effective as smoking-cessation aids.  The FDA, concerned about the marketing claims of e-cigarettes, which contain highly addictive nicotine, has argued that the products should be banned as unapproved drug delivery devices, or regulated under the strict requirements of the Federal Food, Drug and Cosmetic Act. A three-judge panel federal appeals court backed a lower-court ruling that the devices should be considered under the FDA's authority over tobacco, which means they would follow the same restrictions as traditional cigarettes and tobacco products.

>Read the decision in Sotera, Inc. v. Food and Drug Administration