Starfleet Innotech Inc (SFIO)

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NEWS FDA LOSSES

Vapor Corp. Welcomes Court Ruling for Electronic Cigarettes: FDA Loses Appeal, Can't Regulate E-Cigarettes as a Drug or Device

HALLANDALE, FL, Dec 08, 2010 (MARKETWIRE via COMTEX) -- Vapor Corp. (OTCBB: VPCO) is delighted to announce yesterday's significant victory for the electronic cigarette industry. A U.S. federal appeals court found that as long as electronic cigarettes aren't marketed as a way to treat or cure a disease, i.e., smoking cession aids, the U.S. Food and Drug Administration lacks the authority to regulate these products under the Federal Food, Drug, and Cosmetic Act ("FDCA"), and has no authority to block the importation of these electronic cigarette products. "Together, Brown and Williamson and the Tobacco Act establish that the FDA cannot regulate customarily marketed tobacco products under the FDCA's drug/device provisions, that it can regulate tobacco products marketed for therapeutic purposes under those provisions, and that it can regulate customarily marketed tobacco products under the Tobacco Act...Of course, in the event that Congress prefers that the FDA regulate e-cigarettes under the FDCA's drug/device provisions, it can always so decree," the Court declared.