It is certainly not medical malpractice to advise patients not to use electronic cigarettes, because these products are not yet the standard of care in medical treatment for smoking dependence. However, to tell patients not to use electronic cigarettes because they may be more dangerous than cigarettes is clearly negligent, and in my opinion it rises to the level of malpractice if it ends up causing medical harm (i.e., a smoker who is misled by this advice and decides not to quit smoking because of the advice).

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.

In other words, the deeming regulations place an insurmountable obstacle in the way of new and innovative products. This is disastrous because it is new products which are essential to continue to drive the market forward. It is the new products which will be safer and more effective. It is the new products that are critical to allowing electronic cigarettes to some day seriously challenge or overtake the combustible market.

(2) A description of any reasonably foreseeable risks or discomforts to the subject; …

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