The interesting thing is that these attacks were in response to two very simple contentions:

First, he cites the JAMA Pediatrics article in which Glantz and Dutra conclude that electronic cigarettes are exaggerating, rather than ameliorating smoking among youth. Clive writes: "somehow you have managed to position this study as showing there is a gateway from e-cigarette use to smoking. NOTHING in the study or the underlying data suggests this. You would need information on how smoking, e-cigarette use and abstinence evolved over time to test these hypotheses, but your study does not have that."

In my view, it is impossible to justify this aspect of the FDA's proposed deeming regulations because any restrictions on marketing to adult consumers should be based on the need to prevent companies from transmitting false, misleading, or deceptive information. Prohibiting companies from telling consumers the truth does not advance any legitimate government interest.

Furthermore, they are lying to the public. In their report, they state: "The Tobacco Control Act restricts the distribution and sale of cigarettes with characterizing flavors." That's not true. After all, the Act does not restrict the sale of cigarettes with menthol as a characterizing flavors. It only prohibits flavors - such as chocolate, vanilla, and strawberry - that were not actually used in cigarettes at the time the legislation was enacted.

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