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Clearly, this requested action brings up significant issues under the Compact Clause, issues which certainly do not qualify for an exception from this clause under the Supreme Court's decision in United States Steel. (For a detailed discussion of how enforcing the MSA on electronic cigarette companies would violate the Compact Clause, see the excellent submitted by the Competitive Enterprise Institute in S&M Brands.)

"This is a blatant attempt at rent-seeking by an obvious vested interest. We know that the pharmaceutical industry has been lobbying hard to hamper the growth of e-cigarettes so it comes as no surprise to find Glaxo using the tired old gateway argument. The truth is that e-cigarettes will only "seriously disadvantage" the NRT market if they work better as quitting aids. In my experience—and the experience of countless other people—e-cigarettes are much better substitutes for smoking. If they were really a "gateway" to smoking, e-cigarettes would be good for companies like Glaxo as they would create more smokers (NRT companies need there to be smokers just as much as cigarette companies do)."

“Cigavette offers an incredible alternative smoking experience. After using Cigavette I soon realized there IS a major difference in quality from one company to another. This is the best e-cig I have ever used. I can use my Cigavette just about everywhere and always have people asking me about my Cigavette and even wanting to try it. Cigavette is hands down my new favorite electronic cigarette company. They definitely know what they’re doing. Thank you Cigavette!”(from Cigavette website)

Another problem with what Dr. Glantz has done is that it is fundamentally dishonest. He is essentially lying to the public about the science regarding electronic cigarettes. He knows full well - as he acknowledges in the paper - that this study provides no answer regarding whether e-cigarettes precede and lead to smoking or whether youths who are heavier and more dependent smokers are more likely to experiment with e-cigarettes. Nevertheless, he is telling the public that he has answered the question and that the answer is that e-cigarette use precedes and leads to smoking. This is tantamount to lying to the public.


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