The Truth: None of the cigarette companies have claimed that electronic cigarettes are safe. Moreover, the company which Wimmer cites as evidence of his assertion is not a tobacco company at all. NEwhere is purely an electronic cigarette company. It is not owned by Big Tobacco or any other tobacco company.

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.

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