The consultation on the advertising rules took place amid widespread debate amongst policy makers, health professionals, charities and business about the role and safety of e-cigarettes. During the consultation we took into account the wide range of views that exist about e-cigarettes and their potential to re-normalise smoking, as well as the case being made for their public health benefits. With legislation around the promotion of e-cigarettes not coming into effect until 2016, we have moved quickly to establish a responsible framework for advertising in the UK.

From a public health perspective, the effectiveness of e-cigarettes for smoking cessation must be assessed by examining how effective the product is for smokers who are trying to quit. When you do that properly, this initial evidence suggests that you find out e-cigarettes are a viable smoking cessation aid for a subset of smokers.

It is certainly not medical malpractice to advise patients not to use electronic cigarettes, because these products are not yet the standard of care in medical treatment for smoking dependence. However, to tell patients not to use electronic cigarettes because they may be more dangerous than cigarettes is clearly negligent, and in my opinion it rises to the level of malpractice if it ends up causing medical harm (i.e., a smoker who is misled by this advice and decides not to quit smoking because of the advice).

C. Three

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