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.

Sadly, there is more to the story of Dr. Luther Terry's reign as Surgeon General and more to the legacy of his having served this critical role as leader of the Public Health Service.

In other words, there appears to be strong evidence that in the UK, electronic cigarette use is not serving as a gateway by which nonsmokers are becoming addicted to nicotine and then progressing to real cigarette smoking.

The methods of the study were as follows: "Individuals were recruited at e-cigarette retail locations in a large metropolitan city in the midwestern portion of the United States in July 2013. A total of 159 participants completed a brief 29-item self-report measure that assessed behaviors and perceptions of use."

This is a complete disaster and is not in the interest of protecting the public's health. In fact, this provision is going to harm the public's health. It is going to require manufacturers to implicitly lie about the intended purpose and relative safety of their products.

2. According to his own sworn testimony, at the time of his chairing in 2008 of an expert NIH panel to make recommendations about the recommended clinical strategies for promoting smoking cessation, Dr. Fiore up to $50,000 in annual resources from GlaxoSmithKline to support his educational, research, and policy activities.

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