Dr. Glantz states: "It looks to me like the wild west marketing of e-cigarettes is not only encouraging youth to smoke them, but also it is promoting regular cigarette smoking among youth."

In fact, Blu was already offering these candy-flavored varieties prior to its acquisition by Lorillard. It is understandable while Lorillard maintained these flavors, since it wouldn't want to lose existing Blu customers. But it is telling that Lorillard chose not to extend this candy-flavored approach over to its disposable e-cigarette segment. If the senators' assertion was correct, then Lorillard would most certainly be selling candy-flavored disposable electronic cigarettes.

Second, the advocates want the same type of marketing and other restrictions that apply to cigarettes to apply equally to e-cigarettes. They are afraid that defining electronic cigarettes honestly might put a damper in those plans.

The only bright side to this story is that perhaps it will open the eyes of the public, the media, and employers to the fact that employment discrimination is indeed ugly and has no place in America. And that holds even if the group being discriminated against is smokers.

Fortunately, the fine print in the regulations did not escape the attention of the ACLU, which is this special interest exemption.

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