The U.S. Food and Drug Administration (FDA) is seeking a stay of a judge's ruling that the agency lacks authority to regulate electronic cigarettes (e-cigarettes), the Wall Street Journal reported Feb. 2.
The agency appealed U.S. District Judge Richard J. Leon's January ruling that FDA does not have the power to prevent e-cigarettes from being sold in the U.S., citing a 2000 U.S. Supreme Court ruling. However, the FDA contends that the 2000 decision does not prevent the agency from regulating e-cigarettes as drugs or drug-delivery devices.
Smoking Everywhere and NJoy, makers of e-cigarettes, said their products are for recreational use and are not smoking-cessation aids. FDA says e-cigarettes, which deliver a dose of nicotine to users, should be subject to clinical safety testing and FDA approval before they can be legally sold.