NJOY Electronic Cigarettes to Be Regulated by FDA as a Tobacco Product

Dec 07, 2010, 15:52 ET from NJOY

SCOTTSDALE, Ariz., Dec. 7, 2010 /PRNewswire/ -- NJOY, the country's most popular electronic cigarette brand, is pleased to announce that the U.S. Court of Appeals for the District of Columbia issued a ruling in the company's favor, rejecting the U.S. Food and Drug Administration's argument that NJOY's electronic cigarettes are drug delivery devices.  Agreeing with the company's argument, the Court ruled the company's devices are tobacco products, which are subject to regulation, like traditional cigarettes, under the Family Smoking Prevention and Tobacco Control Act.

The ultimate impact of this court decision will be to lift the current import restrictions on NJOY electronic cigarettes and provide a regulatory framework for NJOY to make progress on its mission to be the most responsible electronic cigarette manufacturer on the market.  As part of its mission, the company has taken important steps to ensure that its products are: marketed to adult smokers as alternatives to traditional cigarettes and not for smoking cessation; accessible to individuals of legal smoking age; only available in tobacco and menthol cigarette flavors; manufactured under a quality control system; and contain appropriate nicotine warnings.  

"Today is a historic milestone in the development of our Company," said Matt Salmon, CEO for NJOY.  "We believe that the Court's ruling paves the way to work constructively and cooperatively with the FDA to meet the rapidly growing demand for NJOY electronic cigarettes."  Mr. Salmon is a former three-term Congressman from Arizona as well as the former President of the Electronic Cigarette Association.

Founded in 2006, NJOY Electronic Cigarettes are marketed by Sottera, Inc. NJOY Electronic Cigarettes are battery-powered and deliver a pleasing tobacco or menthol flavor vapor including nicotine.  The Company's products are available in the U.S. and in more than 50 countries. Since its introduction, hundreds of thousands of adult smokers have tried and adopted NJOY as a recreational alternative to smoking cigarettes.