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For this reason, I believe there is a serious question as to the constitutionality of this provision of the deeming regulations. The government cannot interfere with commercial speech unless that interference is necessary to promote a legitimate government interest. The only way that the government could show that a ban on stating that electronic cigarettes are safer than tobacco cigarettes advances a legitimate government interest would be to provide evidence that electronic cigarettes are not safer than real cigarettes. Since such evidence does not exist, the government would have a difficult time making the case. Therefore, I believe that if the deeming regulations are promulgated in their current form, this aspect of the regulations will be successfully challenged by the electronic cigarette industry.

Yesterday, I that the 2014 Surgeon General's , released last Friday, failed to disclose the financial conflicts of interest of many of its authors. Specifically, the report is hiding the fact that many of its authors have or had financial conflicts of interest with pharmaceutical companies that manufacture the smoking cessation products about which the report provides a misleadingly positive review.

The misinformation in the tobacco control field is so widespread that hardly a day goes by that an anti-smoking advocate somewhere doesn't publicly declare that smoking may be no more dangerous than vaping. Yesterday, it was the Sedgwick County Health Department (Wichita, KS), which wrote in an op-ed in the Kansas City Star:

If a tobacco company dared to make the precise statement that this health department is making, anti-smoking groups would be dragging it into court for committing fraud against the American public. Why, then, should we treat this fraudulent statement from a public health department any differently?


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