• Washington Post, Friday, January 15, 2010 10:44 AM

In granting a temporary injunction against the Food and Drug Administration's attempt to block the importation of electronic cigarettes, U.S. District Judge Richard J. Leon writes that the ban "appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices" and calls the FDA's actions a "tenacious drive to maximize its regulatory power."

The devices, also known as e-cigarettes, are the size of regular cigarettes and deliver a vaporized nicotine mixture to users, Del Quentin Wilber and Lyndsey Layton report. The FDA compares the devices to nicotine gum, which it regulates because of claims it helps people kick smoking habits. But Leon sided with makers of e-cigarettes, who argue that the product is just like a Marlboro or Camel cigarette and is not a drug or device subject to FDA regulations.

The FDA says it is reviewing the ruling, maintaining that "the public health issues surrounding electronic cigarettes are of serious concern."

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