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Despite a small increase in polycyclic aromatic hydrocarbon concentrations, there were no significant increases for any of the known or probably carcinogenic compounds.

The rest of the story is that the review article's authors have actually acknowledged that the 5 studies they use to draw conclusions about the efficacy of e-cigarettes for smoking cessation cannot be used to draw conclusions about the efficacy of e-cigarettes for smoking cessation.

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.


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