Many anti-smoking groups and advocates have been calling for a ban on all e-cigarette advertising. This would of course have been devastating to the industry and would have given tobacco cigarettes an unfair advantage in the marketplace. The FDA decided to defer any decision on marketing restrictions at this time. It is likely that the agency will revisit this issue in the future, but with more time, the FDA can craft marketing restrictions that balance the desire to protect youth from this advertising with the need for e-cigarette companies to be able to reach adult consumers.

In psychology, this phenomenon is known as . A 2010 Boston Globe describes this phenomenon and explains how when people are affected by this bias, they twist new facts that run counter to their position in order to fit with their pre-determined conclusions, rather than change their positions in line with the new information.

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