The U.S. Supreme Court States determined in 2000 that the FDA lacked authority under the FDCA to regulate traditional tobacco cigarettes as [image-nocss] a drug/medical device combination, Smoking Everywhere said, and it is the company's position that the same legal rationale should apply to its electronic cigarette product.
The case in the U.S. District Court for the District of Columbia is Smoking Everywhere Inc. v. U.S. Food & Drug Administration, case No. 09-cv-0771.
Smoking Everywhere is a Tampa, Fla.-based company pioneering electronic smoking products. For the past 12 months, the team behind Smoking Everywhere Electronic Cigarette has been product testing and researching the possibility of a tar-free alternative to smoking traditional cigarettes and is currently manufacturing an electronic cigarette, it said.
Intended for adult use only, Smoking Everywhere's E-Cigarette is completely nonflammable and uses micro-electronics to reproduce the experience of smoking a real cigarette without the ash, tar smoke and nearly 4,000 compounds found in a lit cigarette, the company said.
The management of Smoking Everywhere E-Cigarette said they want to create a smoke free environment by offering adults an option to smoke without the fire, flame, tobacco by-products, tar, carbon monoxide, ash, stub, smell and all the other chemicals found in traditional cigarettes.
Click hereto read the complaint.
Click hereto read "Smoking Everywhere Memo in Support of TRO."
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