If this statement was misquoted by the Times, then the CDC should have immediately corrected it. Since I do not see any correction (as of the time of the writing of this post), I have to assume that the statement is correct.

(See: Schober W, et al. Use of electronic cigarettes [e-cigarettes] impairs indoor air quality and increase FeNO levels of e-cigarette consumers. International Journal of Hygiene and Environmental Health 2013; doie: 10.1016/j.ijheh.2013.11.003.)

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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