"By improving symptoms of depression, smoking may actually enhance respiratory health."

If a company were to make such a claim, it would constitute a reduced exposure claim, which is prohibited under section 911. To make matters worse, such a claim can only be approved by the FDA if the company shows that if consumers hear that the product is free of tobacco, they will not be led to believe that the product is safer. In other words, to simply make the truthful and uncontroversial claim that your electronic cigarettes are free of tobacco, you would have to first demonstrate that consumers will not interpret the absence of tobacco as indicating that the product is any safer. But we know for a fact that consumers will interpret (and should interpret) the absence of tobacco as an indication that vaping is safer than smoking. Therefore, the deeming regulations place a de facto, permanent ban on electronic cigarette companies making the simple claim that their products do not contain tobacco.

With this kind of foresight, these researchers could have easily won $250,000 to fund their research without having to bother the taxpayers. They could have simply put a $2,500 bet on the first score in the Super Bowl being a safety and they would have saved the state of California a quarter of a million bucks.

Ironically, Mayor Canepa wants to close up shop for stores which are arguably selling a product that deters consumers from using toxic tobacco cigarettes, while at the same time, protecting existing stores from this competition and allowing them to continue selling their deadly cigarettes to Daly City smokers, which according to recent data, include children, who were able to buy cigarettes at Daly City cigarette stores.

The problem with e-cigarette experimentation, for the prospects of cigarette smoking initiation, is that youth are getting used to sweet and flavored products. It is going to be extremely difficult to go from the sweet and flavored taste of the electronic cigarette to the harsh taste of a tobacco cigarette. That transition is not favored, at least not on a theoretical basis. Why would a youth switch from a cherry e-cigarette to a Marlboro?

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