However, the deeming regulations take away both the prospect of innovation and the incentive to introduce new products. Essentially, these regulations freeze the current market of electronic cigarettes, or at least of those electronic cigarettes which were most like the products already on the market in 2007.

According to a Business Standard entitled "Third-Hand Smoke Just as Lethal as First-Hand Smoke": "A scientist at the University of California, Riverside suggests that second-hand smoke and third-hand smoke are just as deadly as first-hand smoke. While first-hand smoke refers to the smoke inhaled by a smoker and second-hand smoke to the exhaled smoke and other substances emanating from the burning cigarette that can get inhaled by others, third-hand smoke is the second-hand smoke that gets left on the surfaces of objects, ages over time and becomes progressively more toxic."

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