Violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.

To be sure, ANR could simply have suggested that any poll commissioned by a company should be questioned because there is a potential bias. There was no need to claim that Mistic is actually a tobacco company and that Big Tobacco's history of fraud therefore applies to Mistic. Moreover, there was no need to claim that all electronic cigarette companies are tobacco companies. ANR could simply have stated that some electronic cigarette companies are owned by tobacco companies.

2. The 52 media outlets that carried the story and quoted Dr. Frieden as stating that electronic cigarettes are "condemning many kids to struggling with a lifelong addiction to nicotine."

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