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.

The study analyzed the levels of a large number of pollutants in the ambient air of a room in an office building during the presence of three smokers using electronic cigarettes. The room was moderately ventilated at 0.56 air changes per hour.

But e-cigarettes should not be treated the same as cigarettes. Doing so removes the incentive for people to switch from real cigarettes to e-cigarettes and therefore will increase smoking, and with it, death.

The saddest part of the story is that while Councilman Constantinides is so concerned about youth "addiction" that he is willing to ban electronic cigarettes, he expressed no similar desire to ban the real ones. That's not public health leadership. It's political cowardice, and hypocrisy.

6. Dr. Fiore directs a tobacco research center that nearly $1 million in funding from makers of quit-smoking medicine in 2004 and $400,000 in 2005.

An established principle of contract law is that both parties must agree to the terms. There must be mutual assent. However, the electronic cigarette companies were not party to the Master Settlement Agreement. Thus, the terms of that settlement cannot be imposed upon them involuntarily, even if electronic cigarettes were considered by the Attorneys General as meeting the MSA's definition of cigarettes.

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