In the 1970s, the tobacco industry perpetuated the myth that some brands of cigarettes were safer than others. Perhaps because of differences in nicotine or tar delivery. Or perhaps because of differences in additives. But the public health community knew that was hogwash and didn't buy it. In fact, eventually the federal government filed a lawsuit against the tobacco companies, arguing that their public statements insinuating that some cigarette brands are safer amount to conspiracy to commit fraud. The tobacco companies found themselves guilty of racketeering and will now have to issue a corrective statement indicating that even major differences in cigarette ingredients do not render them significantly different in terms of the overall public health risk that they pose.

2. Precisely coincident with the rise in electronic cigarette use in the UK has been a significant increase in quit smoking attempts.

In fact, it appears that many anti-smoking advocates and groups do not actually want smokers to quit using e-cigarettes. They would rather smokers continue to smoke than to use a device which looks like a cigarette but is actually much safer. After all, for most smokers who quit using e-cigarettes, advice telling them not to use the e-cigarette is tantamount to instructing them to return to cigarette smoking. The chances that such smokers will succeed with FDA-approved methods is near nil. In fact, the very reason that most of them have tried e-cigarettes in the first place is because they had tried FDA-approved methods in the past and failed or they had little confidence that such methods would work.

Will this decision have any impact on the regulation of menthol by the FDA? No. There are plenty of other sources that the agency could rely on for information if it wishes to regulate menthol. The bottom line is that the FDA is not going to ban menthol, with or without the TPSAC report.

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