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To make matters worse, the deeming regulations would prohibit electronic cigarette companies from informing their consumers that vaping is less hazardous than smoking. In fact, e-cigarette companies would not even be allowed to inform consumers that electronic cigarettes are free of tobacco, or that they have much lower levels of a number of carcinogens and are free of thousands of harmful chemicals that are present in tobacco smoke.

2. "Remember the National Smokers Alliance, Philip Morris' phony grassroots network? How about all those "studies" looking at public support for or economic impact of smokefree laws? They're back: There are three national e-cigarette "trade associations" one of which, Smoke Free Air Trade Association (SFATA), has several board members with ties to Big Tobacco. Also, two new statewide front groups, Oklahoma Vapors Advocacy League (OVAL) and Iowans for Alternatives to Smoking and Tobacco (IAST), have popped up and are providing testimony in favor of e-cigarette use. A lobbyist for IAST has also lobbied for Philip Morris."

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.

According to the interview transcript, Dr. Frieden told the public: "I certainly see the theory that they could be helpful and I've heard some anecdotes about individuals who say they have helped them quit. But much more importantly is the actuality that right now we're getting millions of kids experimenting with or using regularly e-cigarettes. We're getting smokers who are perhaps using them not to quit but to keep smoking regular cigarettes. We're seeing large numbers of ex-smokers going back to nicotine products for the first time in years using e-cigarettes. We're seeing the re-glamorization of smoking as an act. And we're also seeing potential exposure of nonsmokers, including pregnant women, to the nicotine in e-cigarette products. So I see theoretical potential benefits but definite harms occurring."

The Northampton Board of Health may not have created public health regulations that have any consistency or science base. However, they have created an excellent entry for the 2014 Hypocrisy of the Year Award.


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