The rest of the story is that by applying section 911 to electronic cigarettes, the FDA is forcing electronic cigarette companies to implictly lie to its consumers by hiding from them the undeniable truth that electronic cigarettes are much safer than tobacco cigarettes. This removes the most critical element of potential marketing competition from combustible cigarettes.

I am not aware of any other federal law or regulation that prohibits companies from telling consumers the truth about their products as it relates to the primary benefit of the product. Hopefully, the FDA will see the error in its proposal and will reconsider its decision to subject electronic cigarettes to the provisions of section 911.

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