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This statement insinuates that all electronic cigarette companies are tobacco companies. Had ANR wished to convey the assertion that some e-cigarette companies are tobacco companies, it could and should have stated: "Some e-cigarette companies are tobacco companies." The omission of the word "some," along with the capitaliation of the word ARE and the exclamation point at the end of the claim combine to construe to the reader that all e-cigarette companies are tobacco companies; that is, that they are one and the same.

1. E-cigarettes are a "gateway to nicotine addiction."

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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