The only bright side to this story is that perhaps it will open the eyes of the public, the media, and employers to the fact that employment discrimination is indeed ugly and has no place in America. And that holds even if the group being discriminated against is smokers.

Under this provision, an electronic cigarette company cannot even inform consumers that the product does not produce smoke because such a claim would be considered a "reduced exposure" claim under the Tobacco Act.

For years, the anti-smoking groups and public health agencies have taken tobacco industry conflicts of interest seriously. Now it is time to have some integrity and fairness and to consider all corporate conflicts of interest, whether they involve Big Tobacco or Big Pharma.

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