Every day . Smoking tobacco is the biggest cause of preventable death in the world. We all know smoking kills, yet for some strange reason smokers still smoke.There are two types of thought on how to address this problem:

Despite this, ANR tells the public not only that vaping impairs acute lung function, but that it can cause difficulty breathing. This is an outright lie. There is absolutely no evidence that vaping causes clinical respiratory impairment to an extent that leads to difficulty breathing. In fact, the available evidence overwhelmingly demonstrates that smokers who switch to electronic cigarettes experience a marked improvement in their respiratory symptoms.

In addition to violating state law by enforcing a contract on a party not subject to that contract, Representatives Waxman, Harkin, and Welch are asking their Attorneys General to violate the Compact Clause of the Constitution by entering into a compact with other states without the consent of Congress. They are asking the states to conspire to an agreement by which they would force electronic cigarette companies to become parties to a contract to which they do not assent.

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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