The FDA recently announced that they will not appeal the Supreme Court’s decision to require them to regulate electronic cigarettes as if they were a normal cigarette or tobacco product. Electronic cigarettes, or “e-cigs’ as they are commonly referred to, are the newest phenomenon when it comes to cigarette substitutes. Their popularity has been growing rapidly over the last two to three years. They are battery operated devices, around the size of a normal cigarette that produces a nicotine-infused vapor for its owner to inhale. Their striking similarities to normal tobacco products have brought much controversy to the debate regarding how to regulate the products.

                You might think that being thrown in the same health category as cigarettes would be something any company would want to avoid. However, electronic cigarette companies were pushing to be regulated by the FDA with the same standards as the tobacco product responsible for more than 440,000 deaths in the United States per year. The alternative would have been to have their products regulated as medical products, which have even stricter and more costly requirements imposed on them.

                The reason that they were being considered for the medical classification is the questionable nature of electronic cigarette advertising in the past. In September, 2010 the Food and Drug Administration accused companies of illegally marketing their products as a means of quitting smoking. Products of this nature, such as nicotine patches and gums, are regulated as medical devices. It is important that e-cig companies stick to their requirements when marketing their devices in the future.

                The FDA‘s decision not to appeal the supreme court’s ruling is a sizeable victory for the ever-developing electronic cigarette industry.