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The electronic cigarette does not contain tobacco therefore it does not fall under the jurisdiction of the FDA at this time. There are those who are trying very hard to get that changed, however, since this wonderful device is gaining popularity and not putting huge income into the hands of the government. They are sending out warnings to all of the companies who have any kind of drug in the e-liquids such as the male enhancement drug or weight loss agents and making those companies stop making those kinds of liquids.