If the Senate truly wants to reduce cigarette smoking and protect the public's health, it will shift its attack from e-cigarette companies which are trying to get the public off tobacco cigarettes and over to the federal government, which is doing everything it can to protect the cigarette market.

There is no evidence that the e-cigarette industry is harming hundreds of thousands of children. Most of the youth who have used e-cigarettes are those who were already users of tobacco products, so it is entirely possible that the use of e-cigarettes among these children actually decreased their tobacco use. Moreover, the assertion that e-cigarettes are a gateway to smoking is inconsistent with actual data on trends in youth smoking rates. Furthermore, the assertion that e-cigarettes are impeding smoking cessation is inconsistent with data on cigarette consumption trends.

These data all but destroy the gateway hypothesis. They demonstrate that at the current time, the evidence simply does not support the assertion that the proliferation of e-cigarette use among youth is leading to increased smoking initiation. Electronic cigarettes are not leading to a lifetime addiction to cigarette smoking among our nation's youth.

Clearly, this requested action brings up significant issues under the Compact Clause, issues which certainly do not qualify for an exception from this clause under the Supreme Court's decision in United States Steel. (For a detailed discussion of how enforcing the MSA on electronic cigarette companies would violate the Compact Clause, see the excellent submitted by the Competitive Enterprise Institute in S&M Brands.)

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