In other words, the blatant flaw in this study is that it enrolled smokers who had already made quit attempts using e-cigarettes in the past. By definition, this resulted in a sample of smokers who were more resistant to quitting. One would expect to find lower quitting rates among this population of e-cigarette users.

The letter requests that the Attorneys General define electronic cigarettes as being cigarettes under the MSA and argues that doing so will bring electronic cigarette companies under the terms of the MSA, therefore placing severe restrictions on the advertising and marketing of these products.

In fact, the subjects had no idea that they were part of an experiment involving artificial manipulation of their news feed for the purposes of potential inducing happiness or sadness as part of a research study. This potential use of their Facebook account is simply not mentioned in the Data Use Policy. The policy states that the information provided by users may be used for research purposes. It also states that the information may be shared with outside vendors to conduct research. However, nowhere does the policy state that users agree to intentional manipulation by Facebook staff for research purposes.

Even claiming that electronic cigarettes are tobacco products is disingenuous because these products do not contain tobacco. It is true that electronic cigarettes are being regulated as "tobacco products," but they are not tobacco products in the ordinary usage of this term. Calling them tobacco products will mislead the public into thinking that electronic cigarettes contain tobacco. This is of course not true.

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