This piece by the American Lung Association is completely disingenuous. First of all, the Lung Association opposed an amendment that would have eliminating the menthol exemption in the Family Smoking Prevention and Tobacco Control Act. Second of all, the Lung Association is not also calling for a ban on flavors in cigarettes that attract kids (i.e., menthol).

Clearly, this requested action brings up significant issues under the Compact Clause, issues which certainly do not qualify for an exception from this clause under the Supreme Court's decision in United States Steel. (For a detailed discussion of how enforcing the MSA on electronic cigarette companies would violate the Compact Clause, see the excellent submitted by the Competitive Enterprise Institute in S&M Brands.)

5. "The concentrations of elements and metals showed a 2.4-fold increase for aluminum." [However, there was no significant increase for any other metal, including copper, chromium, nickel, lead, tin, vanadium, or zinc.]

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