Lorillard actually made a decision not to make its disposable electronic cigarettes available in the candy flavors that Blu had been selling prior to Lorillard's acquisition of Blu. Far from demonstrating that tobacco companies are trying to create "new" nicotine addicts, the evidence suggests that Big Tobacco companies are carefully trying to avoid youth customers. They realize that high levels of electronic cigarette use among youth will lead to a quick demise to their business from this innovative product.

It is certainly not medical malpractice to advise patients not to use electronic cigarettes, because these products are not yet the standard of care in medical treatment for smoking dependence. However, to tell patients not to use electronic cigarettes because they may be more dangerous than cigarettes is clearly negligent, and in my opinion it rises to the level of malpractice if it ends up causing medical harm (i.e., a smoker who is misled by this advice and decides not to quit smoking because of the advice).

2. There is no reason to believe this argument is true in the first place. The percentage of smokers who quit on their own is dismally low. Moreover, the very reason why smokers are trying electronic cigarettes is because they have failed to quit smoking with existing therapies. It is ludicrous to expect that someone who has no confidence in quitting using a traditional methods is suddenly going to quit. In fact, the evidence overwhelmingly shows that without self-efficacy, most smokers are bound to fail. So we are talking about a population of smokers who are not going to quit smoking anyway. Electronic cigarettes are their last best hope. Sure, e-cigarettes are not for everyone and many will fail. But it is simply not true that those who fail are people who would have quit smoking if only they hadn't tried electronic cigarettes.

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