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According to an in the Texas Tribune: "A Victoria hospital already embroiled in a discrimination lawsuit filed by doctors of Indian descent has instituted a highly unusual hiring policy: It bans job applicants from employment for being too overweight. The policy, instituted a little more than a year ago, requires potential employees to have a body mass index of less than 35 —which is 210 pounds for someone who is 5-foot-5, and 245 pounds for someone who is 5-foot-10. It states that an employee’s physique “should fit with a representational image or specific mental projection of the job of a healthcare professional,” including an appearance “free from distraction” for hospital patients."

Moreover, the FDA is poised to undermine industry messages even more by prohibiting these companies from continuing to use anti-smoking messages in their product promotion campaigns (by applying section 911 of the Tobacco Act to electronic cigarettes).

The biggest problem with Stan's approach is that when you examine e-cigarette users who are not using the product to quit, you are introducing a huge sampling bias. For example, why might someone use e-cigarettes, but not to quit? Most likely, the majority of vapers who are using e-cigarettes for a purpose other than cessation are using e-cigarettes to cut down on the amount they smoke. They are likely to derive benefits from smoking reduction. However, they are almost assuredly not going to quit smoking because they are not trying to quit, nor do they have such a desire.

Hint: The solution isn't too difficult. Pennsylvania corporations are enjoying $2.4 billion in annual tax breaks. Closing a fraction of those loopholes would fully fund the Philadelphia school system.

The point is that there was no way for the cigarette companies to comply with the law, other than to change the banned descriptors to a new term. And no matter what term they chose, consumers would have figured out which brand was which. Moreover, the law did not specify or imply that the companies were prohibited from informing consumers which brand was which.


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