Instead, what we need are FDA regulations that will prevent the marketing of electronic cigarettes to youth. An outright ban on e-cigarette advertising is neither sensible nor constitutional.

In the 1970s, the tobacco industry perpetuated the myth that some brands of cigarettes were safer than others. Perhaps because of differences in nicotine or tar delivery. Or perhaps because of differences in additives. But the public health community knew that was hogwash and didn't buy it. In fact, eventually the federal government filed a lawsuit against the tobacco companies, arguing that their public statements insinuating that some cigarette brands are safer amount to conspiracy to commit fraud. The tobacco companies found themselves guilty of racketeering and will now have to issue a corrective statement indicating that even major differences in cigarette ingredients do not render them significantly different in terms of the overall public health risk that they pose.

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