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.

In contrast to Senator Rockefeller's assertion, blu is actively avoiding the marketing of candy-flavored electronic cigarettes to children, as it is not offering candy-flavored disposable electronic cigarettes. This is perhaps the clearest signal that blu is not marketing flavors to children. It should be obvious to the senators, if if they put any thought into the issue, that the best way to judge blu's intentions is to examine the differences between their starter kit flavors (the ones which require you to shell out 70 bucks) and their disposable flavors (the ones which kids are most likely to use). In fact, while the starter kit flavors do include candy varieties, the disposables do not. This is a clear sign that Lorillard is not interested in offering candy-flavored electronic cigarettes to the youth market.

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