Judge Leon also found that a similar conflict existed on the menthol issue because a ban on menthol would increase the market for smoking cessation drugs by causing many smokers to want to quit. Thus, having a current financial interest in a pharmaceutical company was a clear conflict of interest.

The theory of tobacco abstinence is currently being challenged by a new idea called (THR). THR splits tobacco into two parts: the harm caused by smoke and tar, and the harm caused by nicotine. Because nicotine addiction is the main problem when it comes to getting smokers to quit smoking, THR theory looks at the harm caused by nicotine itself compared to the harm caused by smoking. The good news is that nicotine is fairly safe in low doses, comparable to caffeine in effects and dangers. So in short, THR aims to give smokers who are unable to quit smoking an alternative source of nicotine to reduce tobacco harm.

The study is notable because it found that even among dual users, there was a substantial improvement in respiratory health symptoms and a significant increase in several measures of acute lung function, especially small airways flow rates. Thus, the results of this study suggest that dual use of cigarettes and electronic cigarettes might result in respiratory health improvement if the reduction in cigarette use is dramatic, as it was among the dual users in this study.

The main difference between this study and those touted by Glantz as showing that e-cigarettes are ineffective is that unlike Glantz's cited studies, this one actually examines cessation rates among smokers who reported using e-cigarettes for smoking cessation. In other words, Brown et al. included smokers who reported having used e-cigarettes with the intention to quit smoking. In the studies cited by Glantz, smoking cessation rates for all e-cigarette users were examined, even if a smoker just tried a puff of an electronic cigarette to see what all the hype is about.

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