By this definition, it would be illegal to sell not only the e-liquids used in modular electronic cigarettes, but also the refill cartridges used in rechargeable electronic cigarettes. Thus, this legislation would remove from the market a huge chunk of the electronic cigarettes that are currently sold in New York State. Only disposable electronic cigarettes would remain, and it is unclear if even these would be allowed to be sold, since they do contain "a liquid composed of nicotine and other chemicals" that is "used in an electronic cigarette." Thus, it is conceivable that this legislation would ban the sale of all electronic cigarettes in the state of New York.

This is a disaster not only because it hides from consumers knowledge that these products are safer than cigarettes, but because it forces electronic cigarette companies to rely on other advertising pitches, such as portraying the use of these products as being sexy or attractive, boasting about how these products can be used in places where smoking is not allowed, or portraying these products as fancier types of cigarettes. This is going to make it more difficult to deter young people from picking up these products because it becomes more difficult for them to understand the true purpose and meaning of electronic cigarettes.

Further, the FDA is asking smokers who suffer such extra-ordinary health effects to report them to the agency. But the FDA doesn't want to hear from you if you simply suffer a "normal" health effect, like crippling obstructive lung disease, inability to breathe, metastatic cancer, or brain infarctions. In order to engage the FDA's interest, the health problem must be one that is beyond these "normal" product side effects.

According to an at CSPnet.com: "The nation's tobacco companies and the U.S. Department of Justice (DOJ) have reached an agreement on publishing corrective statements that say the companies lied about the dangers of smoking and requires them to disclose smoking's health effects, said an Associated Press report."

Because this research was funded by the federal government (by the Army Research Office, to Cornell), it is subject to the human subjects research requirements. In addition, the involvement of two researchers at academic (federally-funded) institutions requires that the research be approved by an Institutional Review Board. Apparently, the research was approved by an academic IRB, a decision which I publicly question, for the above reasons.

Moreover, several former members (and one current member) of the FDA's Tobacco Products Scientific Advisory Committee have (or have had) financial conflicts of interest with Big Pharma, and thus are not in a position to offer opinions about national tobacco product regulation in the context of this expert advisory panel.

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