The deeming regulations subject electronic cigarettes to section 911 of the Family Smoking Prevention and Tobacco Control Act, which prohibit the marketing of tobacco products as modified risk products without the approval of the FDA. Specifically, what this means is that electronic cigarette companies cannot tell consumers the simple truth: that their products are safer than tobacco cigarettes. They cannot even tell consumers that the intended purpose of these products is to provide a safer alternative to smoking.

This is quite a twist, since usually Congress oversees the enforcement of laws. Here, Representatives Waxman, Harkin, and Welch are requesting that their state Attorneys General violate the law by illegally enforcing an invalid contract.

This issue is particularly important because based on the arguments of these authors, the FDA should ban filtered cigarettes in order to protect the public's health. But in my opinion, such a move could be disastrous because it would result in a dramatic increase in tar delivery and possibly carcinogen dose, potentially leading to an increase, rather than a decrease in cancer.

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