"The findings demonstrated that manufacturers did not simply remove descriptors, to be in compliance with the law, but introduced new color-coded brand name descriptors which smokers were able to recognize and easily identify the formerly labeled "lights" brands. We did not examine the use of colors themselves, which may be protected by the First Amendment, but rather the use of color terms. The marketing materials examined make explicit the fact that the use of substituted color terms in brand names is similar to the dropped "descriptors, so that consumers will continue to recognize these brands as "lights"."

Many anti-smoking groups and advocates have been calling for a ban on all e-cigarette advertising. This would of course have been devastating to the industry and would have given tobacco cigarettes an unfair advantage in the marketplace. The FDA decided to defer any decision on marketing restrictions at this time. It is likely that the agency will revisit this issue in the future, but with more time, the FDA can craft marketing restrictions that balance the desire to protect youth from this advertising with the need for e-cigarette companies to be able to reach adult consumers.

"these studies will also help adult smokers understand that their family members are severely affected if they undergo surgery and return to a THS-polluted environment because their healing process will be not only be altered but will also be significantly delayed. ... the proposed work will benefit the public by providing a better understanding of the cause of impaired healing among individuals who are constantly exposed to Third Hand Smoke, i.e. smokers themselves, children and elderly parents in households of smokers, waiters and waitresses in bars and housekeepers in hotels or houses of smokers."

"It is anticipated that Nicoventures will be making a formal application to the TGA in the near future.

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