Here, they find a correlation between e-cigarette use and higher and more sustained levels of smoking. But because this is a cross-sectional study, they cannot determine which came first. In other words, what is the direction of the causal relationship? Does the e-cigarette use precede, and cause, the smoking? Or does the smoking precede, and cause, the e-cigarette use?

By this definition, it would be illegal to sell not only the e-liquids used in modular electronic cigarettes, but also the refill cartridges used in rechargeable electronic cigarettes. Thus, this legislation would remove from the market a huge chunk of the electronic cigarettes that are currently sold in New York State. Only disposable electronic cigarettes would remain, and it is unclear if even these would be allowed to be sold, since they do contain "a liquid composed of nicotine and other chemicals" that is "used in an electronic cigarette." Thus, it is conceivable that this legislation would ban the sale of all electronic cigarettes in the state of New York.

However, the anti-smoking groups did not buy this argument. One organization's spokesperson told me: "The conflict of interest form clearly asks for the disclosure of all financial relationships that could be perceived as biasing an author's opinion, and there is no 36-month limit for such disclosures. Section 5 of the form refers to any and all conflicts of interest, regardless of when they occurred. These researchers are breaking not only the spirit, but also the letter of these policies."

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