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The study is notable because it found that even among dual users, there was a substantial improvement in respiratory health symptoms and a significant increase in several measures of acute lung function, especially small airways flow rates. Thus, the results of this study suggest that dual use of cigarettes and electronic cigarettes might result in respiratory health improvement if the reduction in cigarette use is dramatic, as it was among the dual users in this study.

The truth is that Bill Godshall and I predicted, years ago, that the anti-smoking groups' were full of baloney in promising that the FDA legislation would protect children and adults. Bill and I predicted that exactly this scenario would unfold: the cigarette flavoring ban would have no effect because no cigarettes were actually affected by the ban (menthol cigarettes are exempt) and the "lights" ban would have no effect because cigarette companies would start using coloring to convey the differences between "lights" and other brands.

In addition to violating state law by enforcing a contract on a party not subject to that contract, Representatives Waxman, Harkin, and Welch are asking their Attorneys General to violate the Compact Clause of the Constitution by entering into a compact with other states without the consent of Congress. They are asking the states to conspire to an agreement by which they would force electronic cigarette companies to become parties to a contract to which they do not assent.

According to the letter: "Today Rep. Henry A. Waxman, Sen. Tom Harkin, and Rep. Peter Welch sent a letter to California Attorney General Kamala D. Harris, Iowa Attorney General Tom Miller, and Vermont Attorney General William H. Sorrell urging them to classify electronic cigarettes as cigarettes under the Tobacco Master Settlement Agreement (MSA) to prevent e-cigarette companies from targeting youth and getting them addicted to their products. ... Classifying e-cigarettes as cigarettes under the MSA would prohibit tobacco companies from targeting youth in advertising and marketing of these products."

The point is that there was no way for the cigarette companies to comply with the law, other than to change the banned descriptors to a new term. And no matter what term they chose, consumers would have figured out which brand was which. Moreover, the law did not specify or imply that the companies were prohibited from informing consumers which brand was which.


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