On Thursday, a federal judge said the versions of conventional smokes powered by battery also called electronic cigarettes may not be banned by the Food and Drug Administration.

Since 2008 the FDA impounded imports of the devices. The two suppliers, Smoking Everywhere and Sottera, took a legal action to halt the agency's action.

U.S. District Judge Richard J. Leon stated that such cigarettes were not tobacco products and were not subject to such restrictions.

"This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices," Leon stated.

FDA spokesperson George Strait said, “The agency was reviewing the judge's decision. The public health issues surrounding electronic cigarettes are of serious concern."

FDA called e-cigarettes unapproved drug gadgets.

The FDA compared e-cigarettes to nicotine gums and said these gums were regulated because the suppliers of these gums promote the product stating that it helps people quit smoking. 

Zogby poll conducted last year found Americans divided over the regulation of e-ciggarettes by the government.