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To make matters worse, Dr. Samet is not just an author, but served as one of the two editors of the report.

The point is that there was no way for the cigarette companies to comply with the law, other than to change the banned descriptors to a new term. And no matter what term they chose, consumers would have figured out which brand was which. Moreover, the law did not specify or imply that the companies were prohibited from informing consumers which brand was which.

This assertion is demonstrably false. While it is true that there are a total of about seven e-cigarette brands that are owned by Big Tobacco, the overwhelming majority of electronic cigarette companies have nothing to do with tobacco companies. There are estimated to be more than 250 e-cigarette brands on the market. Therefore, the overwhelming majority of electronic cigarette companies are completely independent from tobacco companies.

Hopefully, 2014 will mark the return of evidence-based tobacco control practice.

By opposing the classification of e-cigarettes as tobacco products, the e-cigarette associations have been everything they can to avoid regulations that treat these products in the same way. The reason is simple: such regulations would give cigarettes a huge competitive advantage in the market place. Laws that categorize e-cigarettes the same way as tobacco products are essentially protective legislation for tobacco cigarettes. By fighting such a classification, e-cigarette associations are doing what they can to reject the idea of this protective legislation so that they can gain the upper hand on cigarettes and eventually, make these products obsolete.

Contrary to the assertion of the authors of this paper, simply being aware that the information one provides to Facebook may be used for research purposes does not constitute informed consent. The fact that users agreed to a Data Use Policy which notes that information may be used for research purposes does not, as the authors state, "[constitute] informed consent for this research."


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