The letter requests that the Attorneys General define electronic cigarettes as being cigarettes under the MSA and argues that doing so will bring electronic cigarette companies under the terms of the MSA, therefore placing severe restrictions on the advertising and marketing of these products.

If it were a public health policy based on some sort of health principles, then it certainly would not penalize ex-smokers who quit using electronic cigarettes. In contrast, it would actually reward these individuals for having quit smoking and perhaps saved their lives.

The rest of the story is that in a tragic reversal of the historical functions of public health viz a viz industry, it is now the e-cigarette companies that are attempting to undermine cigarette smoking while the health groups, led by CDC and FDA, are protecting the cigarette market by undermining the anti-smoking messages from the e-cigarette industry.

This is the equivalent of a cigarette company refuting the required warnings that are made on a cigarette package. The cigarette companies are free to fight the cigarette warning labels as they are being considered, but once a federal body requires those warnings, the companies must not act to undermine the required warnings. In this case, Pfizer's actions are more grievous than those of a cigarette company undermining a package warning because the black box warnings are required by a federal regulatory safety agency, rather than by a Congressional act. More specifically, the black box warnings are an official part of the formal approval of the marketing and sale of the drug. The company may not sell the drug without the warning. By publicly undermining and refuting the warning, the company is essentially violating the terms of the drug's approval.

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