•Ads must not encourage non-smokers or non-nicotine users to use e-cigarettes

The truth is that Senator Rockefeller pretended to be committed to protecting the health of our nation's children, but instead, he was actually protecting Big Tobacco profits by exempting menthol from the flavoring ban. The Tobacco Act banned every imaginable flavor that was not actually being used in cigarettes (e.g., cherry, strawberry, banana, and pineaple), yet it exempted the one flavor (menthol) that was actually being used to addict children to a lifetime of smoking - a greatly shortened lifetime for many of them.

Last week, I revealed that Americans for Nonsmokers' Rights (ANR) is making on its web site about electronic cigarette companies, claiming that all of them are owned by Big Tobacco and that Mistic, in particular, is a tobacco-owned company that is distributing misinformation based on a Harris Interactive survey it commissioned.

For this reason, I am discouraged about the possibility that people like Dr. Glantz and Dr. Chapman will change their minds about the potential utility of e-cigarettes if further evidence accumulates to demonstrate the benefits of these products. The science is simply not going to matter to them. Hopefully, the science will matter to the FDA.

Earlier this week, I discussed an published in the journal Tobacco Control and a blog on the article, in which a set of anti-smoking researchers attacked the cigarette industry for complying with the law. The article and commentary criticize tobacco companies for changing their labeling of "light" and "ultra-light" cigarette brands by removing these terms and instead, giving the brands different colors to differentiate them. The study found that manufacturers removed the "lights" labels, as required by law, and substituted colors for the banned descriptors. The study concludes that the tobacco companies circumvented the law and argues that these brands should be labeled by the FDA as "adulterated" and pulled from the market.

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