Without adding a descriptor of some sort, the cigarette companies would not have been able to distinguish their sub-brands. For example, Marlboro "Lights" would now be called "Marlboro." Marlboro "Ultra-Lights" would now be called "Marlboro." And Marlboro "Milds" would now be called "Marlboro." Thus, there would be three brands on the market, all called simply "Marlboro," and consumers would have no way of telling them apart.

This means that 99% of the electronic cigarette companies currently on the market are going to have to change the way they market their products. They are going to be forced to implicitly lie about their products by pretending that providing a safer alternative to smoking has nothing to do with why they are marketing these innovative devices.

Snowdon also noted that the UK National Smoking Cessation Conference was funded by GlaxoSmithKline and Pfizer. He wrote:

Although it has been a frustrating week, I have learned quite a bit and am not ready to give up yet. I have a new found respect for E-Juice manufacturers as I tried a week to get my simple recipe right and it still doesn’t taste great. Mixologists must spend a lot of time perfecting their recipe before it goes on the market. A lot of time and heart is spent developing their recipe and considering they have to wait for the flavorings and base to mix completely before trying it, it is truly a painstaking process. Next time you by E-Juice and second guess or complain about the price, keep in mind the person who made it put a lot of time and effort into developing the recipe correctly so that you can have the best vaping experience possible.

"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"."

By blocking e-cigarette companies from telling the truth to consumers, CAP has completely undermined the very purpose of electronic cigarette marketing. The only reason these products are on the market and being used extensively in the first place is that they are much safer than regular cigarettes. If they weren't safer than cigarettes, there would be no justification for these products to even remain on the market. Moreover, they would not have become so popular among smokers because no one is going to switch to a product that delivers less nicotine unless it has health benefits.

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