Smoking Everywhere, one of the nation’s largest distributors of electronic cigarettes, has filed for an injunction against the FDA for stopping their shipments from coming in over seas. The suit claims (and rightfully so) that the FDA is overstepping their bounds.

The FDA is attempting to classify Electronic Cigarettes as a smoking cessation/nicotine replacement device. Nothing could be further from the truth. Electronic cigarettes are being marketed as a smoking alternative, not for cessation.

The really interesting part is that the FDA is not just halting the liquid nicotine used in these devices, but the actual hardware itself. Since when does the FDA have jurisdiction over electronics? They don’t. Its similar to drug paraphernalia. You can go to a store and buy a crack pipe or bong, but when you try to use them for their intended purpose you go to jail.

So the delivery device for something that is much safer and that the active ingredient (nicotine) can be obtained by countless forms over the counter is being halted by the FDA? Hopefully Congress will take action and stop this over stepping of power being exercised by the FDA. That or maybe a judge with common sense will read the complaint filed by Smoking Everywhere and issue the injunction. Sure it will likely head through the court system all the way to the top, but I believe the SCOTUS will judge on the side of the electronic cigarette. That’s the benefit of having a right leaning court.