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By DAVID KESMODEL The fledgling electronic-cigarette industry scored another victory against the Food and Drug Administration in federal court Monday, potentially setting the stage for the battery-powered devices to be regulated like conventional tobacco products. The U.S. Court of Appeals for the District of Columbia Circuit rejected the FDA's request to have the entire court review a December decision by a three-judge panel that went against the agency. The FDA, which contends that the products should be regulated as drug devices, now has the option of asking the U.S. Supreme Court to take up the case. An FDA spokesman said Monday that the agency is evaluating the latest court ruling "and considering its legal and regulatory options." E-cigarettes are battery-powered tubes that turn nicotine-laced liquid into a vapor mist. The devices have caught on with thousands of smokers who want an alternative to their daily habit, leading to annual industry revenue of at least $100 million. On Dec. 7, a three-judge D.C. appeals panel ruled that e-cigarettes, which are sold online and in malls, should be regulated as tobacco products by the FDA unless marketers make claims that the devices help smokers quit or provide other remedies. The agency has argued that e-cigarettes are drug or medical devices that require pre-approval from the FDA, much like nicotine gums, patches or sprays. The agency began intercepting shipments of e-cigarettes from China in 2008, prompting a lawsuit from the industry. Sottera Inc., an Arizona e-cigarette distributor that joined the suit as a plaintiff, and some other e-cigarette purveyors say their products are simply recreational alternatives to cigarettes and should not be subject to the onerous pre-approval process required of quit-smoking aids. The agency has regulated nicotine-replacement products for years and gained authority to regulate the production and marketing of cigarettes and other tobacco prodcuts for the first time in 2009. If the government decided to regulate e-cigarettes as tobacco products, manufacturers would still face significant regulations, but it would be easier to bring the devices into the market. "We are very pleased with the court's decision not to rehear the case," Gregory Garre, an attorney who represents Sottera, said in an email Monday. "The fact that the full court unanimously declined the government's rehearing request underscores the force of the panel's original decision." The appeals court Monday also refused to reinstate a stay of a preliminary injunction that was granted to the e-cigarette distributors by a U.S. district-court judge in January 2010. The injunction blocked the agency from intercepting their product shipments from China. Write to David Kesmodel at david.kesmodel@wsj.com

you should explain it to the owner or person in charge before doing so. but i dont. i vape up w/e i am. when someone says you cant smoke i say; "whos smoking? oh this its vapor much like when you cook on the stove."

A Noobie's Guide to Batteries While in the chat room one night, someone was asking if there was a guide for batteries. He was hearing all these battery numbers in the conversation, and not familiar enough to follow along. I decided to write this guide to help familiarize the noobs to all the batteries we use for mods. All of the batteries we use are either 3.7volts or 3.0volts. There is however a 5volt battery used in the Mako Maksi, but it's not one of the popular batteries you frequently hear about, so I'll just concentrate this discussion on the 3 and 3.7volt varieties. The 3.0volt batteries are primarily used in pairs for a total of 6.0volts for 6volt vaping, and single battery mods are 3.7volts. The 3.7volt batteries are usually only paired if the mod has a voltage regulator (adjustable or fixed) for consistency in voltage throughout battery life and load conditions. Now that you have a little background on how the batteries are used, let's try to make sense out of the numbering system. The first 2 digits of the battery number indicate the dimension measuring across the battery. So a 10440 measures 10mm across, a 14500 measures 14mm across, and so forth, and the last 3 digits make reference to the length. For example the last 3 digits in a 14500 battery would suggest that the length would be 50.0mm long, but that would be for the unprotected version of the battery. The overcharge/overdischarge protection circuit will add between 2 and 3 mm to the length of the battery, so a 14500 is really 52.5mm long. Aside from the physical size of the battery, there is something referred to as mah (milliamp hour) rating. This is a capacity rating of the battery, and indicates the amount of energy the battery can store. In other words, how long it will last between charges (more mah, more charge life). Physical size will affect mah ratings, and therefore smaller size batteries will typically have lower mah ratings. Some batteries are available in more than 1 mah rating. Below is a listing of the more commonly used batteries in e-cigarette mods. **This is not meant to be a complete list, so please don't shoot me of you know of a battery I didn't list.**

So I thought I'd drop this little gift before everyone goes home for the holidays. Coming soon to the Vapor Talk Store, Vapor Gel. I would normally post this in the store area but because this is actually quite a significant change in the way we use liquid I thought I'd post here. I've posted some pictures below for everyone to have a look at. We have some samples that due arrive this week and I'll be sure to create a video for everyone to see how the new product works. No more leaking, longer usage. Due to arrive 2nd or 3rd month of 2011. It will be available at the Vapor Talk Store and Vapor Galaxy. Special thanks to Luke for his help.

This is friggin' ridiculous... Okay, so the main argument is "they're not proven to be safe," and "omfg, it might be a gateway to smoking for kids..." Oh really? Well here's how we solve that very very easily. 1. ban the sale to minors under the current tobacco product laws, or make a new law specifically for e-cigs that says minors can't buy them. How hard is that? 2. ban cigarettes. If there are no cigarettes being sold, then it doesn't matter if kids get hooked because they only way they can get their nicotine then is via e-cigs, which we all know damn well are many times safer, so who gives a crap? Anyway, why, after vaping first, would you decide you're gonna smoke cigarettes? Even if you are addicted to nicotine, e-cigs taste so much better and don't kill you or make you cough your lungs up every day. These stupid public "health" officials... "omg, with e-cigs you can get your nicotine anywhere you can't smoke. that's not good for public health." My ***, it isn't. Nicotine, in and of itself is not all that bad for you. Even if it is, it's in cigarettes, among many other things, so what's their point? The nicotine itself isn't the problem. it's the tar, carbon monoxide, cyanide, formaldehyde, ammonia, arsenic, and god only knows what else is in those stupid things. This is so aggravating. They don't give a damn about public health. If they did, cigarettes wouldn't be here, period. I'm so sick and tired of hearing how people want them removed until they're proven 100% safe. WATER isn't 100% safe. NOTHING is. Too much water in your system will kill you. Too much of just about anything will kill you, so what exactly is the definition of 100% safe? While we're at it, why don't we just ban water? Damn morons... This country's government makes me sick.

I'm happy to see this topic, I've been wary about vaping in the open too. I love my eGo so much, but I would really hate to think a few carless vapors out their screwing it up for all of us just for the fun of confrontation. Cheers to all of you responsible vapers out there!

This is a very touchy subjest so I generally vape in stealth mode.I love doing it at the movies. Not enough people are educated enough to not be judgmental. If someone sees a whit plume exhaled out of our mouth the general consensus is that it is smoke. So I ask myself this question if it would be rude to smoke here? If the answer is no then I vape. If it is yes then I go into stealth vape mode. Except in sbux where everyone knows me and could care less.

Ah, drip tip here I come.

I find that the type and mix of juice dictates how often I drip. But your estimate seems about right. I really should keep track. Its more of a feel and slight taste change that I get that tells me when the atty is getting dry.

Done!

While you should do everything you can to prevent this ban... do not fear. We will still get our supplies in NY, banned or not.

Why pay twice as much as you have to? Get a Riva from Liberty Flights. Or get a Volcano Inferno. That kit's only $60. You get a 1000mah battery plus a passthru battery and two cones.