An established principle of contract law is that both parties must agree to the terms. There must be mutual assent. However, the electronic cigarette companies were not party to the Master Settlement Agreement. Thus, the terms of that settlement cannot be imposed upon them involuntarily, even if electronic cigarettes were considered by the Attorneys General as meeting the MSA's definition of cigarettes.

The failure of the report to disclose financial conflicts of interests of its authors is problematic for several reasons.

But we know this is not the case because in journal articles published by many of the report authors, they have acknowledged multiple conflicts of interest with Big Pharma.

Perhaps the FDA Center for Tobacco Products' slogan should be: "CTP: Protecting the Public from Cigarettes that Smell Wrong."

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