What does a smokeless “electronic cigarette” have to do with drugs and medical devices? Well, according to the FDA, an electronic cigarette is a “drug-device combination.” Lately, however, it seems that the Agency’s position has become a strategic misstep. It gave rise to this a recent opinion by Judge Richard Leon, Smoking Everywhere, Inc. v. FDA, ___ F.Supp.2d ___, 2010 WL 129667 (D.D.C. Jan. 14, 2010). Although the (more…)