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Instead of this insane regulatory approach, the FDA should scrap the requirement for product applications and should simply promulgate basic safety standards that ensure minimum, uniform requirements for product safety. If the agency allows for a 12-month grace period, we could expect to see these requirements actually take effect within two years.

"Many publications and statements by researchers, nongovernmental and governmental agencies and the wider mass media mistakenly refer to e-cigarettes as tobacco products. For example, e-cigarettes were referred to as tobacco products in approximately one in four abstracts about e-cigarettes at the 2014 Annual Meeting of the Society for Research on Nicotine and Tobacco in Seattle [1]. The same error can also be found in the peer-reviewed literature and in writing by influential agencies. For example, the US Center for Disease Control and Prevention website states that ‘emerging tobacco products such as e-cigarettes and hookahs are quickly gaining popularity’ [2]. While it is true that the vast majority of e-cigarettes use a nicotine containing solution that is extracted from the tobacco plant, this is similar to nicotine replacement therapies (NRT) and, unlike ordinary tobacco cigarettes,

Another inexcusable conflict of interest is the fact that Mitch Zeller, the director of the FDA's Center for Tobacco Products and therefore the chief author of the proposed electronic cigarette regulations, came to the FDA directly from a consulting job with GlaxoSmithKline and therefore has a severe conflict of interest regarding the electronic cigarette issue.

In the 1970s, the tobacco industry perpetuated the myth that some brands of cigarettes were safer than others. Perhaps because of differences in nicotine or tar delivery. Or perhaps because of differences in additives. But the public health community knew that was hogwash and didn't buy it. In fact, eventually the federal government filed a lawsuit against the tobacco companies, arguing that their public statements insinuating that some cigarette brands are safer amount to conspiracy to commit fraud. The tobacco companies found themselves guilty of racketeering and will now have to issue a corrective statement indicating that even major differences in cigarette ingredients do not render them significantly different in terms of the overall public health risk that they pose.

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