In a ruling Thursday, U. S. District Judge Richard J. Leon refusing permission to the US Food and Drug Administration (FDA) for blocking the import of electronic cigarettes, said these battery- powered versions of conventional cigarettes were tobacco products and could not be subjected to such restrictions.

Since 2008, the FDA has been in the habit of confiscating imports of these devices, causing two suppliers i. e. Smoking Everywhere and Sottera to go to court seeking a preliminary injunction against the agency.

In a sharply worded 31-page decision, the federal judge scolding the FDA for trying to regulate the recreational battery-powered or rechargeable tobacco products as drugs or devices, called the case another example on the part of FDA’s ‘tenacious drive to maximize its regulatory power.’

FDA, in its statement said it was reviewing the ruling, since public health issues associated with electronic cigarettes are of serious concern, calling them unapproved drug delivery gadgets in court papers. Electronic or e-cigarettes the size of regular cigarettes, deliver a vaporized nicotine mixture to users.

FDA comparing the devices to nicotine gum which is regulated contends, unlike traditional tobacco products, e-cigarettes promise to alleviate nicotine withdrawal symptoms. FDA officials believe e-cigarettes could increase nicotine addiction and tobacco use by children.

However, the judge agreeing with the attorneys for the e-cigarette manufacturers that their products should be treated exactly like Marlboros or Camels argued, they were cigarettes like any others and not subject to strict regulations as for drugs or devices.

First made in China and sold mostly online, FDA believes there are safety issues concerning e-cigarettes, as they have been found to contain carcinogens and toxic chemicals. The World Health Organization (WHO) also warns against using them, as there is no serious evidence about their safety or that they help smokers kick the habit.

Consumer advocacy groups, including The Campaign for Tobacco-Free Kids have criticised the ruling saying it puts U. S. consumers at risk.

Diana Zuckerman, President of National Research Centre for Women & Families said: ‘This is a misguided and mind-boggling decision by the court. Nicotine is an addictive drug, and therefore e
-cigarettes are a drug delivery system.’