My argument was echoed in a to the article by Steven Pinkerton, a public health researcher from the Medical College of Wisconsin, who pointed out that: "the major tobacco companies demonstrated 100% compliance with the law by eliminating all terms specified in the FSPTCA [Family Smoking Prevention and Tobacco Control Act]--the use of colour terms to designate sub-brands is not regulated by the FSPTCA."

In psychology, this phenomenon is known as . A 2010 Boston Globe describes this phenomenon and explains how when people are affected by this bias, they twist new facts that run counter to their position in order to fit with their pre-determined conclusions, rather than change their positions in line with the new information.

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.

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