New World Order for E-Cigs

This month, the Food and Drug Administration ("FDA") released a highly anticipated rule chiefly aimed at bringing e-cigs and other nicotine vaporizing technology products within its regulatory purview.  For years, the e-cig industry has been allowed to grow and flourish within a legal grey zone as a non-tobacco product.  Under intense pressure from consumer and health groups, however, the federal government has now ushered in a seismic shift in the way that e-cigarette companies can manufacture and market their products going forward.

What are the major takeaways from the FDA regulations on E-Cigs?

• E-cigarettes have now been deemed to be a tobacco product under federal law, and accordingly, the restrictions concerning marketing of tobacco products are anticipated to apply with equal force to e-cig products;