Is it still smoking if there’s no tobacco, but a cloud of smoke? A federal appeals court attempted to answer that question Wednesday, when it ruled that electronic cigarettes should be treated the same as tobacco when it comes to Food and Drug Administration oversight. The decision is seen as a setback to the FDA, which had hoped that since people use e-cigarettes to quit smoking, they would be ruled as a medical device, which they can ban, rather than a tobacco product, which they can merely regulate. Electronic cigarettes are battery-powered products that allow users to inhale nicotine vapor without fire, smoke, ash, or carbon monoxide. While some consider e-cigarettes healthier for that reason, the FDA has found 19 types of additives in the e-cigarettes that are addictive.