A U.S. Court of Appeals for the District of Columbia Circuit recently ruled in favor of the electronic cigarette industry by rejecting the U.S. Food and Drug Administration (FDA) request to a court review of a decision by panel of judges that went against the agency.  The latest court decision could place these e-cigarettes in a better position to be regulated as tobacco products rather than as drug devices within the FDA.  While the FDA has worked to have these products placed under drug devices for purposes of regulation, others have argued e-cigarettes should be regulated as tobacco products.  In a recent development, New York State legislators have indicated they are considering a potential ban on e-cigarettes.