This is blatant employment discrimination, and it is ugly. However, what readers should realize is that it is no more ugly than policies that refuse to hire smokers. My hope is that the obvious inappropriateness of this policy will open employers' eyes to the equal inappropriateness of refusing to hire smokers. Discriminatory hiring practices are simply wrong, and it is time that public health advocates starting standing up for justice for workers.

The deeming regulations subject electronic cigarettes to section 911 of the Family Smoking Prevention and Tobacco Control Act, which prohibit the marketing of tobacco products as modified risk products without the approval of the FDA. Specifically, what this means is that electronic cigarette companies cannot tell consumers the simple truth: that their products are safer than tobacco cigarettes. They cannot even tell consumers that the intended purpose of these products is to provide a safer alternative to smoking.

In contrast, I'm not aware of a single study showing that banning smoking everywhere on college campuses or on beaches is necessary to protect the public from any substantial public health threat.

4. Overall motivation to quit has increased since the dramatic rise in e-cigarette use.

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