The Congressmembers are wrong even on that score. The MSA clearly defines a cigarette as a product that contains tobacco. Electronic cigarettes do not contain tobacco. Thus, they do not meet the MSA's definition of a cigarette.

I can only hope that this new study will help the FDA realize the folly of its proposed approach to electronic cigarettes and develop a new set of regulations that directly set standards for the safety of the product.

Another inexcusable conflict of interest is the fact that Mitch Zeller, the director of the FDA's Center for Tobacco Products and therefore the chief author of the proposed electronic cigarette regulations, came to the FDA directly from a consulting job with GlaxoSmithKline and therefore has a severe conflict of interest regarding the electronic cigarette issue.

"In summary, the rules state:

As the tobacco companies are no longer using these descriptor terms, they are in compliance with the federal law. They cannot possibly be found in violation of the law for using alternative names for their products when the law specifically allowed those products to remain on the market.

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