You see, there is no question that huge reductions in cigarette consumption improve respiratory symptoms. My patients who were able to cut down substantially on their smoking experienced immediate improvements in their ability to exercise and were able to enjoy life more because they could do more things without getting short of breath. Research confirms that respiratory symptoms improve when smokers are able to cut down the amount they smoke by at least 50%.

If a company were to make such a claim, it would constitute a reduced exposure claim, which is prohibited under section 911. To make matters worse, such a claim can only be approved by the FDA if the company shows that if consumers hear that the product is free of tobacco, they will not be led to believe that the product is safer. In other words, to simply make the truthful and uncontroversial claim that your electronic cigarettes are free of tobacco, you would have to first demonstrate that consumers will not interpret the absence of tobacco as indicating that the product is any safer. But we know for a fact that consumers will interpret (and should interpret) the absence of tobacco as an indication that vaping is safer than smoking. Therefore, the deeming regulations place a de facto, permanent ban on electronic cigarette companies making the simple claim that their products do not contain tobacco.

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