"The standard of consent for terms of service is low. But that “consent” is a legal fiction, designed to facilitate online interactions. (See and ’s books for more.) It’s very different from informed consent, the ethical and legal standard for human subjects research (HSR). The Federal Policy for the Protection of Human Subjects, a/k/a the , requires that informed consent include:

(8) A statement that participation is voluntary, refusal to participate will involve no penalty or loss of benefits to which the subject is otherwise entitled, and the subject may discontinue participation at any time without penalty or loss of benefits to which the subject is otherwise entitled.

The rest of the story is that it is inaccurate to tell the public that there are no benefits to substantial reduction in cigarette consumption.

"It is not known how much nicotine or other potentially harmful chemicals are inhaled by users, nor is it known whether e-cigarette use may lead to use of other tobacco products. Neither are the benefits of using e-cigarettes over traditional products known."

You can see the quality of the scientific reasoning we are dealing with.

The Rest of the Story

Senator Blumenthal is also a phony and a hypocrite as he, too, has failed to sponsor legislation to ban menthol cigarettes (he was not a Senator in 2009 so did not vote for the original menthol exemption).

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