SOURCE: Vapor Corp.

April 27, 2011 09:00 ET

The Path to Regulation: FDA to Regulate Electronic Cigarettes Under the Family Smoking Prevention and Tobacco Control Act, Reports Vapor Corp.

MIAMI, FL--(Marketwire - Apr 27, 2011) - Vapor Corp. (OTCBB: VPCO), the nation's leading electronic cigarette company that sells its products under the Smoke 51™, Krave™, EZ Smoker™, Green Puffer™, and Smoke Star™ brands is pleased with the FDA's decision to move forward with regulation as opposed to continued litigation, said Vapor's CEO Kevin Frija. "We took a calculated risk and avoided the high cost of litigation, and instead focused our efforts on extending our market reach and assembling a team and resources needed to comply with the anticipated regulatory framework. As a public company, we have greater access to capital that will allow us to grow at a more rapid pace than our competitors. Vapor has been working diligently in anticipation of this outcome and has positioned itself to comply with regulatory framework of the Tobacco Act. We look forward to the FDA's proposed regulation and participating in the associated comment periods. We hope to positively contribute to the final iteration of the electronic cigarette regulations under the Tobacco Act," continued Frija.

The Path to E-Cigarette Regulation:

March 2009 -- FDA amended import alert 66-41 to include electronic cigarettes;

April 28, 2009 -- Smoking Everywhere, Inc. files a lawsuit against the FDA (later intervened by Sottera);

June 22, 2009 -- The Family Smoking Prevention and Tobacco Control Act of 2009 (Tobacco Control Act), which amends the Federal Food, Drug, and Cosmetic Act (FD&C Act), was enacted on, and it provides the Food and Drug Administration (FDA) with authority to regulate "tobacco products";

July 22, 2009 -- The FDA releases the results of a study conducted on May 4, 2009 by the Division of Pharmaceutical Analysis evaluating two brands of electronic cigarettes;

January 14, 2010 -- Judge Richard Leon, of the United States District Court for the District of Columbia, rules adverse to the FDA and grants a preliminary injunction;

December 7, 2010 -- United States Court of Appeals for the District of Columbia Circuit issues its decision adverse to the FDA, electronic cigarettes are to be regulated as a tobacco product if therapeutic claims aren't made;

December 20, 2010 -- FDA request En banc Review of the appellate court's decision (denied January 24, 2011)

March 18, 2011 -- Vapor Corp. through its wholly owned subsidiary, Smoke Anywhere USA, Inc. filed to intervene in Sottera, Inc. v. Food & Drug Administration, 627 F.3d 891 (D.C. Cir. 2010)

April 25, 2010 -- FDA's window to appeal to the Supreme Court of the United States expires.

April 25, 2011 -- FDA issued a letter to Stakeholders and the public, announcing its decision to not seek further review of the decision of the U.S. Court of Appeals for the D.C. Circuit, that "e-cigarettes and other products made or derived from tobacco can be regulated as tobacco products" under the Act and are not drugs/devices unless they are marketed for therapeutic purposes. A copy of the FDA's letter can be found at

About Vapor Corp.
Vapor Corp. (OTCBB: VPCO) is a marketer and distributor of electronic cigarettes, whose brands include Fifty-One ™ Krave™, EZ Smoker™, Green Puffer™, and Smoke Star™. 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: or

INFORMATION CONCERNING FORWARD-LOOKING STATEMENTS -- This news release contains forward-looking statements, which are subject to inherent uncertainties which are difficult to predict, and may be beyond the ability of Vapor Corp. to control. Certain statements in this news release constitute forward-looking statements with the meaning of the Private Securities Litigation Reform act of 1995 that are not historical facts, but rather reflect Vapor Corp.'s current expectations concerning future results and events. The words "believes," "expects," "intends," "plans," "anticipates," "hopes," "likely," "will," and similar expressions identify such forward-looking statements. Such forward-looking statements involve known and unknown risks, uncertainties and other important factors that could cause the actual results, performance or achievements of Vapor Corp. (or entities in which Vapor Corp. has interests) or industry results, to differ materially from future results, performance or achievements expressed or implied by such forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect management's view only as of the date of this news release. Vapor Corp. undertakes no obligation to publicly release the result of any revisions to these forward-looking statements which may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events, conditions or circumstances. Vapor Corp. encourages the public to read the information provided here in conjunction with its most recent filings on Form 10-K and Form 10-Q. Vapor Corp.'s public filings may be viewed at

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