The proposed deeming regulations would immediately prohibit electronic cigarette companies from informing consumers of the following, each of which is true:

"The findings demonstrated that manufacturers did not simply remove descriptors, to be in compliance with the law, but introduced new color-coded brand name descriptors which smokers were able to recognize and easily identify the formerly labeled "lights" brands. We did not examine the use of colors themselves, which may be protected by the First Amendment, but rather the use of color terms. The marketing materials examined make explicit the fact that the use of substituted color terms in brand names is similar to the dropped "descriptors, so that consumers will continue to recognize these brands as "lights"."

Instead, in response, a CDC official defended Dr. Frieden by suggesting that the statement was just an inconsequential slip of the tongue.

I am very familiar with the tactics of ANR because I served on the ANR Executive Board for several years. The reason I resigned from the ANR Executive Board was that they told me they were more concerned with the political impact of their statements than worrying about whether their statements might be defamatory. Thus, the potentially defamatory statements that ANR is currently making about electronic cigarette companies and groups appear to be in line with its long-standing philosophy of using unethical tactics to smear, attack, and defame what it views to be its enemies.

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