In other words, it is time to acknowledge that the law was flawed. It is not the cigarette companies that are to blame for the fact that consumers still understand which brand is which. The law is to blame. If the intent of Congress were to ban any brand that might mislead consumers, then the Congress should simply have banned these brands, requiring them to be pulled from the market.

Organizations that oppose electronic cigarettes, such as the CDC and FDA, and anti-smoking advocates who oppose these products, like Dr. Stanton Glantz, have been arguing that electronic cigarettes are a gateway to youth smoking. The CDC has gone so far as to claim that its own survey demonstrates that youth are starting with electronic cigarettes and then moving on to smoke real tobacco cigarettes. The CDC has warned the public that e-cigarettes lead to a lifetime addiction to smoking among our nation's children.

According to the press release: "Do not smoke and do not allow yourself to be exposed to smoke because second-hand smoke and third-hand smoke are just as deadly as first-hand smoke, says a scientist at the University of California, Riverside who, along with colleagues, conducted the first animal study of the effects of third-hand smoke."

Where in the world did these reporters get the idea that thirdhand smoke could possibly be as harmful as active smoking? After all, thirdhand smoke is merely the residue from tobacco smoke that is deposited on surfaces and exposure occurs after smoking is no longer taking place.

This assertion is very misleading, if not outright false. All of these groups readily acknowledge that they are trade associations whose members are electronic cigarette manufacturers or retailers. Moreover, none of these groups, to the best of my knowledge, is funded by Big Tobacco. They are independent trade associations that were organized by and are run by electronic cigarette companies or retailers, not by tobacco companies.

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