The Campaign for Tobacco-Free Kids, and the FDA, cannot simply rewrite the law because it was crafted improperly. They have to live within the statute, and within the constitution. And unfortunately, the anti-smoking groups screwed up (albeit intentionally). In other words, the tobacco companies are not evading the law. They are following the law.

Using Dr. Glantz's reasoning, the cigarette companies would be perfectly honest in putting out headlines stating:

However, from a public health perspective, the relevant question is not what results one would obtain if smokers were forced to use a particular strategy, but what results are obtained when smokers make the choice to use a particular strategy. This is why Stan Glantz's approach is inappropriate.

Disclosure: I have not received any funding or compensation from the tobacco, electronic cigarette, or pharmaceutical industries. However, I am seeking funding from several electronic cigarette companies to conduct a behavioral study on the effects of electronic cigarettes on smoking behavior.

1. It Violates Public Health Ethics and Could Be Damaging to the Entire Field of Tobacco Control

According to the press release: "The ERS agrees with the recent report from the World Health Organization (WHO) and is opposed to the use of unregulated e-cigarettes. While the short-term negative impact on health appears not as great as tobacco cigarettes, the long-term effects of e-cigarettes are not known. As a Society grounded in scientific principles, ERS believes that the precautionary principle should be applied when scientific evidence is inconclusive and insufficient."

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