For this reason, I believe there is a serious question as to the constitutionality of this provision of the deeming regulations. The government cannot interfere with commercial speech unless that interference is necessary to promote a legitimate government interest. The only way that the government could show that a ban on stating that electronic cigarettes are safer than tobacco cigarettes advances a legitimate government interest would be to provide evidence that electronic cigarettes are not safer than real cigarettes. Since such evidence does not exist, the government would have a difficult time making the case. Therefore, I believe that if the deeming regulations are promulgated in their current form, this aspect of the regulations will be successfully challenged by the electronic cigarette industry.

Thank God that we can count on the FDA to make sure that the cigarettes sold in this country are safe. God forbid that Sutra Bidis Red had been allowed onto the market. Who knows the death and destruction they would have wrought on the American people compared to the approved products, like Marlboro Kings, Camel Lights, and Newport Golds?

Regardless of where you stand on these separate debates, the fact that in less than a decade electronic cigarettes have become one of the “big players” in shifting state and federal legislation, shows just how important electronic cigarettes are to changing the smokers market now as well as in the future.

The CDC is even worse. It actually acknowledges the existence of these former smokers, but still argues that there is no evidence that electronic cigarettes have helped any smokers quit.

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