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Even the e-cigarette industry itself supports this legislation. How ironic, then, that the state's physicians, along with other "anti-smoking" groups, are opposing this bill, which was enacted by the legislature and awaits the governor's signature. The "anti-smoking" and "health" groups are urging the governor to veto the bill.

The deeming regulations subject electronic cigarettes to section 911 of the Family Smoking Prevention and Tobacco Control Act, which prohibit the marketing of tobacco products as modified risk products without the approval of the FDA. Specifically, what this means is that electronic cigarette companies cannot tell consumers the simple truth: that their products are safer than tobacco cigarettes. They cannot even tell consumers that the intended purpose of these products is to provide a safer alternative to smoking.

There is no evidence that the e-cigarette industry is harming hundreds of thousands of children. Most of the youth who have used e-cigarettes are those who were already users of tobacco products, so it is entirely possible that the use of e-cigarettes among these children actually decreased their tobacco use. Moreover, the assertion that e-cigarettes are a gateway to smoking is inconsistent with actual data on trends in youth smoking rates. Furthermore, the assertion that e-cigarettes are impeding smoking cessation is inconsistent with data on cigarette consumption trends.

"In terms of acute effects on respiratory function, active smoking is exactly equivalent to the effects of taking a math test."


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