This provision is going to present a huge obstacle to innovation in this category. The newer products tend to be safer and more effective, so it makes no sense to allow the older products to remain on the market while requiring pre-approval for the newer and better products. The implications of this regulation is going to depend on the evidence that the agency requires to approve these applications. A stringent interpretation of the regulations will put a huge dent in electronic cigarette innovation and could limit the expansion of the market. In addition, this provision is going to place an undue burden on smaller companies and give a huge advantage to larger companies, including the tobacco companies that have entered the e-cigarette market.

B. Eliminate the sale of cigarettes in Daly City

As I yesterday, the FDA - supposedly committed to using the most rigorous science to regulate the continuum of nicotine-delivery products - stated in its proposed electronic cigarette deeming regulations that it is not sure that vaping is any less hazardous than cigarette smoking. In fact, the deeming regulations suggest that it is a problem that many consumers perceive vaping to be less hazardous than smoking. Moreover, the regulations make it clear that electronic cigarette companies will not be allowed to tell their customers that their products are any safer than real cigarettes, thus hiding the truth from the public and essentially requiring companies to implicitly lie to consumers.

The answer is that in the anti-smoking movement, you don't need to be honest and truthful. As long as your intentions are good, you can get away with lying and with making false and defamatory accusations. The ends are all that matter, and if you use defamatory means to reach those ends, it's perfectly acceptable.

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