According to the new , of adults who are aware of electronic cigarettes, about half (49.3%) believe that cigarettes are no more harmful than e-cigarettes, which contain no tobacco, involve no combustion, and have been shown to have much lower levels of carcinogens and other toxins.

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.

"“The majority of our patients are over 65, and they have expectations that cannot be ignored in terms of personal appearance,” hospital chief executive David Brown said in an interview. “We have the ability as an employer to characterize our process and to have a policy that says what’s best for our business and for our patients.” Employment lawyers say Citizens Medical Center’s hiring policy isn’t against the law. Only the state of Michigan and six U.S. cities — including San Francisco and Washington, D.C. — ban discrimination against the overweight in hiring."

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