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Court Ruling: FDA Can’t Regulate E-Cigarettes

HALLANDALE, FL–(Marketwire – 12/08/10) – Vapor Corp. is delighted to announce yesterday’s significant victory for the electronic cigarette industry. The U.S. federal appeals court found that as long as electronic cigarettes aren’t marketed as a way to treat or cure a disease, i.e., smoking cession aids, the U.S. Food and Drug Administration lacks the authority to regulate these products under the Federal Food, Drug, and Cosmetic Act (“FDCA”), and has no authority to block the importation of these electronic cigarette products.

“Together, Brown and Williamson and the Tobacco Act establish that the FDA cannot regulate customarily marketed tobacco products under the FDCA’s drug/device provisions, that it can regulate tobacco products marketed for therapeutic purposes under those provisions, and that it can regulate customarily marketed tobacco products under the Tobacco Act…Of course, in the event that Congress prefers that the FDA regulate e-cigarettes under the FDCA’s drug/device provisions, it can always so decree,” the Court declared.

“We are extremely pleased with this court ruling,” says Kevin Frija, President and CEO of Vapor Corp. “The ruling finally resolves any lingering doubt which has challenged the electronic industry for quite some time now. Vapor Corp. has always been proactive in taking many steps to ensure the responsible marketing of our electronic cigarettes. Vapor Corp. in no way markets its product as smoking cessation devices; we market our product as an alternative to smoking traditional tobacco cigarettes,” added Mr. Frija.

“There are over 1 billion smokers in the world today, and recreational tobacco is a 100 billion+/year industry. Vapor Corp. is the industry leader for electronic cigarettes, and we have been working diligently to enter into very visible distribution channels across the United States. With this legal victory, we are best positioned among our competitors to quickly capture an even greater market share for our products,” added Mr. Frija.

About Vapor Corp.
Vapor Corp. (OTC.BB:VPCO – News) is a marketer and distributor of electronic cigarettes, whose brands include Fifty-One™, Krave™, EZ Smoker™, Green Puffer™, and Smoke Star™ brands. Electronic cigarettes are electronic devices that vaporize a liquid solution, which simulate a smoking experience without the burning of tobacco, and as such, no smoke or noxious odor is dispelled from the device. The company currently sells its electronic cigarettes internationally and domestically through distributors, wholesalers and direct to consumers through its websites and direct response television marketing efforts. For more information, please visit: http://smoke51.com.

Press Release Source: Vapor Corp. On Wednesday December 8, 2010, 9:00 am EST

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