Harris et al., in perhaps the most comprehensive and definitive on this issue, found a clear increase in cancer risk associated with non-filtered cigarettes. As they reported: "Compared with smokers of medium tar (15-21 mg) filter cigarettes, risk was higher among men and women who smoked high tar (> or = 22 mg) non-filter brands (hazard ratio 1.44, 95% confidence interval 1.20 to 1.73, and 1.64, 1.26 to 2.15, respectively)."

(1) A statement that the study involves research, an explanation of the purposes of the research and the expected duration of the subject’s participation, a description of the procedures to be followed, and identification of any procedures which are experimental;

If a company were to make such a claim, it would constitute a reduced exposure claim, which is prohibited under section 911. To make matters worse, such a claim can only be approved by the FDA if the company shows that if consumers hear that the product is free of tobacco, they will not be led to believe that the product is safer. In other words, to simply make the truthful and uncontroversial claim that your electronic cigarettes are free of tobacco, you would have to first demonstrate that consumers will not interpret the absence of tobacco as indicating that the product is any safer. But we know for a fact that consumers will interpret (and should interpret) the absence of tobacco as an indication that vaping is safer than smoking. Therefore, the deeming regulations place a de facto, permanent ban on electronic cigarette companies making the simple claim that their products do not contain tobacco.

Hopefully, Dr. Foulds and his group will next repeat the study using a sample of dual users (electronic cigarettes and regular cigarettes) to determine whether or not dual users experience a similar reduction in their overall level of smoking addiction.

Here is Glantz's accusation: "the e-cigarette companies (which are, increasingly owned by cigarette companies) are mobilizing the same network of right-wing think tanks that the cigarette companies have used for years to push their policy agenda, often linked with the tobacco companies' development of the Tea Party and related groups. John Mashey, a member of the Center for Tobacco Control Research and Education's Advisory Committee, sent me a few good examples. ... The more things change the more they stay the same."

"Would I like (e-cigarettes) to be regulated by a organization like FDA that can make those subtle distinctions among tobacco products? Yes. Do I want them to be regulated exactly like other tobacco products? No, because not all tobacco products are the same, and too many people think they are and act like they are."

(See: Farsalinos KE, et al. Acute effects of using an electronic nicotine-delivery device (electronic cigarette) on myocardial function: comparison with the effects of regular cigarettes.BMC Cardiovascular Disorders 2014, 14:78.)

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