The ACLU is also challenging the inclusion of electronic cigarettes in the regulations, as it seems absurd to ban the use of e-cigarettes in all parks, given the lack of any evidence that vaping in a park poses any substantial public health threat.

4. "No significant increase was observed for the toxic and potentially carcinogenic elements cadmium, arsenic and thallium."

While it is theoretically possible that an electronic cigarette company could some day get a full reduced risk claim approved, the regulatory burden is extreme. Not only would the company have to show that the product is safer than smoking, but the company would also have to demonstrate that the product will not deter smokers from quitting and will not introduce youth to the use of nicotine. The studies required would be substantial. For most companies, the costs would be prohibitive. It would take many years before any company could even have a reasonable chance of getting such an application approved and by then it will be too late for the market to continue to expand.

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