By opposing the classification of e-cigarettes as tobacco products, the e-cigarette associations have been everything they can to avoid regulations that treat these products in the same way. The reason is simple: such regulations would give cigarettes a huge competitive advantage in the market place. Laws that categorize e-cigarettes the same way as tobacco products are essentially protective legislation for tobacco cigarettes. By fighting such a classification, e-cigarette associations are doing what they can to reject the idea of this protective legislation so that they can gain the upper hand on cigarettes and eventually, make these products obsolete.

Included in a recent editorial, Dr. Michael Katz mentioned that the FDA should monitor electronic cigarettes as a nicotine delivery tool, and that electronic cigarettes should continue to be banned in locations where typical tobacco products are not allowed. “Unfortunately, the evidence on whether e-cigarettes help smokers to quit is contradictory and inconclusive,” Katz wrote. He did say he was willing to support their use if “there were good data indicating that they helped smokers to stop.” Dr. Gilbert Ross, medical and executive director of The American Council on Science and Health, said “allowing e-cigs to compete with cigarettes in the marketplace might decrease smoking-related morbidity and mortality.”

Stated another way, Dr. Glantz is cautioning the FDA against assuming that e-cigarettes are safer than conventional cigarettes in terms of their effects on lung function.

The study enrolled 1,074 patients with cancer who were smokers and were therefore referred to a tobacco treatment program at a comprehensive cancer center during the years 2012 and 2013. Smoking status, nicotine dependence, and e-cigarette use was assessed at baseline and the patients were followed for six-month. The primary outcome was smoking cessation, measured as seven-day abstinence at follow-up.

The rest of the story is that what these members of Congress are asking the Attorneys General to do is to trample on the Constitution. They are asking the Attorneys General to violate the established laws of their state by not only ignoring the clear language of the MSA, but by illegally enforcing a contract on parties that did not consent to that contract in the first place.

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