The Campaign for Tobacco-Free Kids argued that the tobacco companies and retailers not be allowed to tell consumers that the renamed products are the same as the former products. But this would have been an unconstitutional restriction of free speech. Unless the renamed product is banned, or the descriptor used is in violation of the law because it directly infers that the cigarette is safer, then I'm afraid that the companies are in compliance with the law and the anti-smoking groups are going to have to respect that.

First, the results demonstrate that many adults - in fact the majority of them - do prefer flavored e-cigarettes. Thus, it cannot be assumed that just because an electronic cigarette company markets flavored products, it is intentionally trying to recruit youth users. This is a flaw that many anti-smoking advocates and groups have fallen into. Because the market appears to be dominated by flavored products, it does not logically follow that any company which is marketing flavored e-cigarettes is trying to attract kids to vaping.

Overall, ASH reported that "98% of children who have never smoked have never even tried an electronic cigarette."

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