Hop-on, Inc. (Pink Sheets: HPNN) today lauded the recently announced US Court of Appeals for the District of Columbia Circuit Court (case #09-771(RJL)) ruling that "cleared the air" for both smokers and the electronic cigarette industry.
The Federal Appeals Court again rejected the FDA's claim that, unlike other tobacco products, e-cigarettes are unapproved drug/device combinations under the FDCA. The Appeals court decision also held the FDA's position was flatly inconsistent with the Supreme Court's decision in Brown & Williamson.
It was also made clear, despite nicotine's physiological effects, tobacco products are not subject to regulation under the FDCA, unless they are sold for therapeutic purposes, such as weight loss or smoking cessation.
Peter Michaels, CEO of Hop-on, Inc. "The industry will see immediate impacts from the new limitations set on the FDA. The focus should be on the safety and effectiveness of the product rather than the proper classification. Overall, this ruling will continue and strengthen our business and creates equity for shareholders. We strongly embrace the electronic cigarette industry and see nothing but positives, with the Food and Drug Administration not being able to tamper with it."
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