An established principle of contract law is that both parties must agree to the terms. There must be mutual assent. However, the electronic cigarette companies were not party to the Master Settlement Agreement. Thus, the terms of that settlement cannot be imposed upon them involuntarily, even if electronic cigarettes were considered by the Attorneys General as meeting the MSA's definition of cigarettes.

1. There are, in fact, thousands of kids who are becoming addicted to flavored nicotine products which are going to eventually kill them.

Instead, the federal government has helped protect the tobacco market by making this unscientific statement for them.

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