My argument was echoed in a to the article by Steven Pinkerton, a public health researcher from the Medical College of Wisconsin, who pointed out that: "the major tobacco companies demonstrated 100% compliance with the law by eliminating all terms specified in the FSPTCA [Family Smoking Prevention and Tobacco Control Act]--the use of colour terms to designate sub-brands is not regulated by the FSPTCA."

However, the deeming regulations take away both the prospect of innovation and the incentive to introduce new products. Essentially, these regulations freeze the current market of electronic cigarettes, or at least of those electronic cigarettes which were most like the products already on the market in 2007.

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