It is not that the tobacco companies are evading the law; it is that the law is so weak that it allowed these products to remain on the market, as long as they simply changed their names to terms that do not directly convey the same meaning.

Incidentally, the Reynolds/Lorillard lawsuit seeks to have Drs. Benowitz, Henningfield, and Samet dismissed from the FDA's TPSAC (Tobacco Product Scientific Advisory Committee) panel because of these conflicts of interest. While these conflicts do not preclude the participation of these scientists as authors of the Surgeon General's report, they absolutely must be disclosed to the public.

Senator Ed Markey stated that: "e-cigarettes are a gateway to tobacco use by children and teens...".

I then explain that the gateway hypothesis is actually unsupported by any scientific evidence and that there is some evidence which is inconsistent with the hypothesis.

"The paper, "Short-term effects of electronic and tobacco cigarettes on exhaled nitric oxide," by Sara Marini, et al, just published in Toxicology and Applied Pharmacology (Volume 278, Issue 1, 1 July 2014, Pages 9–15), reports important data showing that nicotine e-cigarettes, non-nicotine e-cigarettes, and conventional cigarettes all have similar effects of depression of exhaled nitric oxide."

Earlier this week, I that the 2014 Surgeon General's fails to disclose the conflicts of interest of its authors, many of whom have received money from pharmaceutical companies which manufacture the very products about which the report opines. I also how this is particularly problematic, since the report itself complains about how historically, tobacco-funded scientists failed to disclose their conflicts of interest. I concluded that the 2014 Surgeon General's report is violating the very ethical principles that it attacks the tobacco company for violating in the past, and I note that while there has been substantial progress in the past 50 years in the area of disclosure of conflicts of interest, somehow that progress has evaded the producers of the Surgeon General's report itself.

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