E-cigarettes are battery-powered devices that resemble real cigarettes. The FDA blocked the importation of e-cigarettes on the ground that they are unapproved drug devices under the federal Food, Drug and Cosmetic Act. In 2008, the FDA refused to allow the importation of "Nicogel," a hand gel made of liquefied tobacco. The FDA said the gel was an unapproved drug.
"If electronic cigarettes are a safe method of nicotine maintenance Buying Cigarettes Online, that could be approved if the science supports it," Klein said in court.