Placement:

"Light touch regulation is a key; Require commercial freedoms (able to advertise and have general sale)," the email said.

It is interesting to find out that the "wild, wild West" that anti-smoking groups have complained so much about (i.e., the lack of current regulation of e-cigarettes because they fall into the cracks of the FDA Tobacco Act) is actually their own fault. Had these groups pressured the sponsors of the Tobacco Act to regulate e-cigarettes as tobacco products back in 2009, these products would have been introduced to the U.S. market under a regulated framework, in which, at very least, the FDA would have been able to inform itself about the products by collecting key information, such as ingredients and basic quality control information.

As you can see in these image from their website, a Cigavette looks like any other electronic cigarette. They have all the same components and look the same. But the key difference, according to Cigavette, is the “smart chip” that controls the heating element and LED.

The Rest of the Story

In addition to violating state law by enforcing a contract on a party not subject to that contract, Representatives Waxman, Harkin, and Welch are asking their Attorneys General to violate the Compact Clause of the Constitution by entering into a compact with other states without the consent of Congress. They are asking the states to conspire to an agreement by which they would force electronic cigarette companies to become parties to a contract to which they do not assent.

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