The positions taken by these groups are actually very reasonable. In fact, I completely agree with their positions as stated in the op-eds and articles that Glantz cites. As it turns out, I am quoted in a number of these articles. So does this mean that I, too, am being orchestrated by electronic cigarette companies to push their policy agenda?

Similarly, NJOY does not appear to be marketing to kids. The most telling point is that in its internet sales, the company does not sell flavored e-cigarettes (only traditional tobacco and menthol). And of course, if NJOY were after kids, it would certainly offer the flavored varieties online, since kids are more easily able to obtain these products online, where age verification is not required, than in-store, where it is.

For example, Stan Glantz argued against electronic cigarettes in a Scientific American , claiming that: "We’ve found very high levels of dual use [traditional cigarettes along with e-cigarette use]. Very few people have switched away from cigarettes or managed to use them as a bridge to eventually go off cigarettes."

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.)

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