However, the deeming regulations take away both the prospect of innovation and the incentive to introduce new products. Essentially, these regulations freeze the current market of electronic cigarettes, or at least of those electronic cigarettes which were most like the products already on the market in 2007.

"Nicoventures has met with the Therapeutic Goods Administration about the possible introduction of a new smoking cessation device in Australia," the statement said.

According to the deeming regulations, electronic cigarettes cannot inform consumers that the electronic cigarette "presents a lower risk of tobacco-related disease or is less harmful than one or more other commercially marketed tobacco products" (which includes cigarettes). In other words, the marketing of electronic cigarettes will need to be based on the false pretense that e-cigarettes are not intended as a safer alternative to smoking.

The only bright side to this story is that perhaps it will open the eyes of the public, the media, and employers to the fact that employment discrimination is indeed ugly and has no place in America. And that holds even if the group being discriminated against is smokers.

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