Frankly, as I predicted prior to the enactment of the Family Smoking Prevention and Tobacco Control Act, the FDA's regulation of tobacco products is a national public health embarrassment.

The main results were as follows: "In thesurvey of e-cig users, dependence on e-cigs was significantly lower than it hadbeen on cigarettes (8.6 v 14.9). ... Currente-cig users are significantly less dependent on e-cigs than they were oncigarettes prior to switching."

Clearly, this requested action brings up significant issues under the Compact Clause, issues which certainly do not qualify for an exception from this clause under the Supreme Court's decision in United States Steel. (For a detailed discussion of how enforcing the MSA on electronic cigarette companies would violate the Compact Clause, see the excellent submitted by the Competitive Enterprise Institute in S&M Brands.)

For years, we in tobacco control have attacked tobacco industry-funded scientists or researchers who consulted for tobacco companies for not disclosing their conflicts of interest. It it therefore quite unfortunate, and ironic, that tobacco control researchers do not appear to take their own conflicts of interest seriously and that they, too, are hiding these conflicts from the public.

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