Last summer, the FDA said it found a chemical used in antifreeze and other toxic chemicals in a small sample of e-cigarettes the agency analyzed. The FDA tried to block imported e-cigarettes, but a Washington, D.C., court ruled that FDA can't regulate the products. In its appeal, the FDA argues e-cigarettes should be considered the same as gum and patches that help smokers try to quit.

In court papers, the FDA said it considers the devices, also known as e-cigarettes, to be unapproved drug-delivery gadgets. E-cigarettes are the size of regular cigarettes and deliver a vaporized nicotine mixture to users. It contends that e-cigarettes are not traditional tobacco products and that the products promise, among other things, to "alleviate nicotine withdrawal symptoms." The FDA compares the devices to nicotine gum, which it regulates because suppliers promote the gum's ability to help people kick smoking habits. FDA officials are also concerned that e-cigarettes could increase nicotine addiction and tobacco use by children.

A Chinese company marketing the world's first "electronic" cigarette hopes to double sales this year as it expands overseas and as some of China's legions of smokers try to quit.