It is also important to mention that banning electronic cigarette advertising would violate the First Amendment rights of e-cigarette companies.

Regardless, the AHA considers e-cigarettes that do “contain nicotine to be tobacco products and therefore supports their regulation under existing laws relating to the use and marketing of tobacco products.” They suggest regulation in the areas of youth marketing, smoke-free air laws, and manufacturing, in order to make sure e-cigarettes don’t encourage nicotine use, which no matter what the delivery method, does present health dangers to its users.

Unfortunately, the Surgeon General's report conflated these two types of changes and as a result, its conclusion that the introduction of the filter actually increased cancer risk is inaccurate and in conflict with the scientific evidence.

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