A group of non profit organizations and health advocates have filed an amicus brief with the DC Court of Appeals. The group included The American Council on Science and Health (ACSH), Smokefree Pennsylvania, Consumer Advocates for Smokefree Alternatives Association (CASAA), National Vapers Club, Midwest Vapers Group and Drs. Michael Siegel and Joel Nitzkin. Read the full amicus brief here.
A second amicus brief was filed by the Washington Legal Foundation. Read the full amicus brief from the Washington Legal Foundation here.
Both briefs argues that absent any specific therapeutic claims, the electronic cigarette should be regulated as a tobacco product, not as a new drug and medical device. The Washington Legal Foundation specifically notes that:
“…if FDA were free to rely on factors other than claims of therapeutic or medical benefit in determining intended use, then FDA would have authority to regulate a vast array of products that in some sense could be said to be intended to affect the structure or a function of the body, such as bullets, catchers’ mitts, exercise equipment,bicycles, firm mattresses, hot tubs, chairs, and sunhats.”
