With the release of its deeming regulations, the FDA is poised to give a huge gift to combustible tobacco and to the diseases and death caused by cigarettes. If promulgated as is, the regulations will be devastating to the public's health by protecting the combustible cigarette market at the expense of the introduction and promotion of much safer alternative products that would otherwise have the potential to substantially reduce lung disease, heart disease, stroke, and cancer.

"According tothe, e-cigarette use in England has been rising since2011, when the survey began. Meanwhile, the percentage of smokerswho reported quitting in the previous year rose from 4.6 percent in2011 to 6.2 percent in 2012. The cessation rate was 6.1 percentlast year and 8.7 percent in the first quarter of this year. Duringthe same period the success rate of smokers who tried to quit rosefrom 13.7 percent to 21.4 percent. Those numbers suggest the real promise of e-cigarettes—not as anefarious plot to hook teenagers on nicotine but as a harm-reducingalternative to smoking. If the FDA follows Durbin's advice, it willban most e-cigarette flavors, making the switch less appealing tosmokers who prefer the prohibited varieties, and restricte-cigarette advertising, making smokers less aware of a competingproduct that could literally save their lives."

As the tobacco companies are no longer using these descriptor terms, they are in compliance with the federal law. They cannot possibly be found in violation of the law for using alternative names for their products when the law specifically allowed those products to remain on the market.

Perhaps the most damning finding of the report is the marketing of Nicorette toy race cars, a tactic that the lawmakers say can only be targeted at young children and intended to create positive associations with Nicorette in children as young as 2 and 3 years-old. The lawmakers included in the report multiple images of Nicorette toy race cars:

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