However he just told me he’s opening up not one but two more stores in the local area to meet the demands of the vaping community. The last few times I walked in I often had to wait as they are always extremely busy. They are always busy with a customer and sales have never been better. This is merely one example of a industry that has taken America by storm. The that is highly unregulated and under taxed (when compared with tobacco and other sin products).

For this reason, I believe there is a serious question as to the constitutionality of this provision of the deeming regulations. The government cannot interfere with commercial speech unless that interference is necessary to promote a legitimate government interest. The only way that the government could show that a ban on stating that electronic cigarettes are safer than tobacco cigarettes advances a legitimate government interest would be to provide evidence that electronic cigarettes are not safer than real cigarettes. Since such evidence does not exist, the government would have a difficult time making the case. Therefore, I believe that if the deeming regulations are promulgated in their current form, this aspect of the regulations will be successfully challenged by the electronic cigarette industry.

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