Due to their increased popularity in recent years there has been a significant movement in the United States to bring the e cigarette under the regulation of the Food and Drug Administration. The FDA lost part of that battle in 2010 to have them classified as a drug delivery device when the courts denied the FDA's request. In the future electronic cigarettes may be subject to legislation below the federal level in state courts, but with the unanimous decision of the courts at the federal level against the FDA, marketing of the devices has been officially sanctioned by the government.