2. The regulations require pre-approval (or substantial equivalence determinations) for all new electronic cigarette products.

If electronic cigarette companies were forced to adhere to the MSA, it would bring an end to all electronic cigarette brand name sponsorships, outdoor and transit advertising, branded merchandise, free product samples (except in adult-only establishments), and targeting of youth in advertising.

This is yet another example of the anti-smoking groups bemoaning a situation for which they are actually responsible. For example, the anti-smoking groups have complained about the menthol loophole, but it was the Campaign for Tobacco-Free Kids and friends which insisted upon this loophole in the first place. The anti-smoking groups complained about the introduction of Marlboro No. 54, but again, it was the Campaign and its friends that made this introduction possible by exempting menthol as the only characterizing flavor allowed in cigarettes.

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