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    E-Cigarettes to be officially banned by FDA?

    According to a statement from an FDA official, the FDA will "officially" add e-cigarettes to the list of items outlawed, most likely citing their status' as "new drugs" and the devices being "drug delivery devices". Therefore of course, needing FDA review and approval before being able to be sold in the USA.

    Of note, one of the larger importers of e-cigarette products just sued the FDA to prevent seizure of product at customs.

    The statement from Heather Zawalick of the FDA's Office of Legislation is as follows:

    From: Zawalick, Heather (CBER) [mailto:Heather.Zawalick@fda.hhs.gov]
    Sent: Wednesday, April 29, 2009 4:08 PM
    To: Zawalick, Heather (CBER)
    Subject: [LIKELY_SPAM]FDA Outreach: FDA Takes Enforcement Action on Electronic Smoking Products, Entering Clearance

    Subject/Headline: FDA Takes Enforcement Action on Electronic Smoking Products

    Planned Release Date: May 5

    Driving Event: Compliance action

    Rollout Plan: Extensive rollout planned including press conference at HHS, press release, fact sheet, video for upload to YouTube, podcast, consumer article, consumer Q &A, key message points, internal media Q & A, Op-Ed, photos of products for posting on Internet.

    Other background, hidden factors: Action involves three largest distributors. One of the distributors has just sued FDA seeking a restraining order to prevent us from holding their product at the border. There is keen interest in this subject. E-cigarette kiosks are all over town, including Montgomery Mall. They're being advertised as a safer alternative to cigarettes. Our concern is that this might introduce nonusers to nicotine use. This is a drug delivery device. The content of the products have not been analyzed by FDA. To be sold, they would have to be approved by the agency.

    Spokespersons: Janet Wood**** and Deborah Autor

    Heather Zawalick
    FDA/OC/Office of Legislation
    301-827-0090
    Heather.Zawalick@fda.hhs.gov

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