Electronic cigarettes can no longer be standardized as drug delivery devices, according to a federal judge. They are simply an alternative to tobacco and the companies manufacturing them are not making any health claims.

The Food and Drug Administration (FDA) had seized imports of battery-operated devices that were used for converting a nicotine solution into vapors, in September 2008. It banned their import as these were unapproved, misbranded products, which are a mere substitute to the conventional cigarettes.

The agency was sued by companies like Smoking Everywhere Inc. and NJOY as their cigarettes were confiscated.

Judge Richard J Leon wrote, "There is no basis for FDA to treat electronic cigarettes ... as a drug-device combination when all they purport to do is offer consumers the same recreational effects as a regular cigarette".

The case is still under litigation; hence no restriction is imposed as far as the marketing of the e-cigarettes is concerned.

The new technology has raised questions over the possible role of e-cigarettes as a smoking-cessation tool. World Health Organization has ruled out its being a legitimate therapy.

Jonathan P. Winickoff, MD, MPH, chair of the American Academy of Pediatrics Tobacco Consortium says that this product delivers nicotine which is a potent drug that cultivates addiction.