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"Down the corridor in BAT [British American Tobacco] you have a division who are spending all their days trying to work out how to gut, thwart, and ruin any policy like plain packaging."

The very idea that one would extrapolate from a study finding that vaping, like smoking, reduces exhaled nitric oxide levels to the conclusion that smoking may be no more hazardous than vaping in terms of its acute pulmonary effects defies scientific logic. It also shows a misunderstanding, or at least a misinterpretation of the meaning of exhaled nitric oxide findings.

My Step-Dad told me about e-cigarettes and how they helped him quit, and he has tried repeatedly to quit smoking to. So i decided to try one and see if it was worth it.

For this reason, I believe there is a serious question as to the constitutionality of this provision of the deeming regulations. The government cannot interfere with commercial speech unless that interference is necessary to promote a legitimate government interest. The only way that the government could show that a ban on stating that electronic cigarettes are safer than tobacco cigarettes advances a legitimate government interest would be to provide evidence that electronic cigarettes are not safer than real cigarettes. Since such evidence does not exist, the government would have a difficult time making the case. Therefore, I believe that if the deeming regulations are promulgated in their current form, this aspect of the regulations will be successfully challenged by the electronic cigarette industry.

The consultation on the advertising rules took place amid widespread debate amongst policy makers, health professionals, charities and business about the role and safety of e-cigarettes. During the consultation we took into account the wide range of views that exist about e-cigarettes and their potential to re-normalise smoking, as well as the case being made for their public health benefits. With legislation around the promotion of e-cigarettes not coming into effect until 2016, we have moved quickly to establish a responsible framework for advertising in the UK.


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