(JonathanFoulds PhD, Susan Veldheer MS RD, Jessica Yingst, Shari Hrabovsky RN MSN. Comparison of dependence on electroniccigarettes and regular cigarettes in a large sample of e-cig users. PennState University College of Medicine, Department of Public Health Sciences,Hershey, PA.)

"these studies will also help adult smokers understand that their family members are severely affected if they undergo surgery and return to a THS-polluted environment because their healing process will be not only be altered but will also be significantly delayed. ... the proposed work will benefit the public by providing a better understanding of the cause of impaired healing among individuals who are constantly exposed to Third Hand Smoke, i.e. smokers themselves, children and elderly parents in households of smokers, waiters and waitresses in bars and housekeepers in hotels or houses of smokers."

Let's not forget that spurred on by the CDC's report and alarming public statements, politicians have that e-cigarettes are causing youth smoking and eventual cigarette addiction and death:

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.)

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.

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