In other words, it is time to acknowledge that the law was flawed. It is not the cigarette companies that are to blame for the fact that consumers still understand which brand is which. The law is to blame. If the intent of Congress were to ban any brand that might mislead consumers, then the Congress should simply have banned these brands, requiring them to be pulled from the market.

Nevertheless, the anti-smoking groups insist that the tobacco industry funding should have been disclosed. For one, they argue that section 5 of the form insists that authors disclose any other conflicts of interest, even if they occurred prior to the past three years. Second, they argue that the history of funding by tobacco companies is well within the spirit of the disclosure requirement and that the authors have an obligation to let readers know that in the past, they have had financial relationships with Big Tobacco.

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