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Cigarette Manufacturers Score Major Win District Judge Richard Leon of the District of Columbia found that the agency had overstepped its bounds by trying to regulate so called e-cigarettes as "drug-device combinations" instead of as a tobacco product under the recently passed Smoking Prevention and Tobacco Control Act. He added that the FDA's reading of the law would "dismantle the existing regulatory wall" that Congress set up between tobacco and drug devices. "[I]t would create the absurd result that certain tobacco products-like low tar cigarettes or electronic cigarettes-would be exposed to the more onerous regulatory burdens for drugs and devices merely because they claim to be healthier alternatives to traditional tobacco products," Leon wrote. E-cigarettes are marketed as a smokeless alternative to traditional tobacco cigarettes. Using a battery-heated tube, the devices vaporize a nicotine solution, which is then inhaled. The ruling granted a preliminary injunction halting the FDA's embargo, meaning e-cigarette distributors will be able to receive shipments of their products while the case is litigated. See our earlier coverage of the case here and here. Read Leon's opinion Download Leon_E_Cigarettes. YOU wake up Pum. You and every Prohibitionsit, hood-wearing bigot in "America". The Constitution guarantees that things cannot be banned by elitist groups, "health-minded" groups or pissants screaming about "the chillllldddrrren!" I for one am hoping you bigoted idiots BAN smoking. Just like your bigoted forebears did. And look at how well THAT worked out, huh? Alcohol is LEGAL. This time, the Amendment that comes out of it will not only (once again) clearly state that smoking and cigarettes cannot be banned, but we going to use it to make sure the stupid, self-serving hood-wearers in this country are clear about abortion, any type of censorship, same sex marriage and everything anyone who has ever been denied their right to in this country are clear on the subject that ONE is in fact protected against creatures like you and your ilk and you CANNOT have "your way" and your way only! The rest of us can have our ways too. That IS in the Constitution you dolt. Go have a beer, sit down and shut up. We have had it with bigotry The really big news is that California is seriously considering legalizing marijuana for pleasure, not just medical use. The tax will be a mere $50 per ounce and should be a lot more. Cigarettes and all tobacco products should also be taxed a $100 per ounce. America should legalize prostitution and tax it a $100 a pop. Makes perfect financial sense to me. Why should organized crime get rich while we go broke. Excuse me while I leave you now to fill out my California State Prison application, I need the great health care inside!