"Some people have been worried that electronic cigarettes could be a gateway into smoking for young people. These figures show that has not happened so far. But we need to keep monitoring use in young people, and make sure advertising and promotion of electronic cigarettes doesn’t glamourise their use."

The AHA’s need to issue a policy statement on e-cigarettes comes in response to the skyrocketing use of these devices. As of early 2014, there were an estimated 466 brands and 7764 different flavors of e-cigarette products. With all of these products in the marketplace, critics are concerned with the danger of youth use, often citing that the flavors and packaging of these devices and e-liquids are making nicotine use more attractive for kids & teenagers. In 2012 data from the showed that only 2.1% of kids in grade 6-12 use e-cigarettes, however this number is up from the previous year. Seventy-six percent of youth who have tried e-cigarettes also smoke traditional cigarettes. This seems to suggest that despite many critics’ concerns, e-cigarettes aren’t necessarily the “gateway” to smoking that some people originally thought.

Not exactly.

For this reason, I believe there is a serious question as to the constitutionality of this provision of the deeming regulations. The government cannot interfere with commercial speech unless that interference is necessary to promote a legitimate government interest. The only way that the government could show that a ban on stating that electronic cigarettes are safer than tobacco cigarettes advances a legitimate government interest would be to provide evidence that electronic cigarettes are not safer than real cigarettes. Since such evidence does not exist, the government would have a difficult time making the case. Therefore, I believe that if the deeming regulations are promulgated in their current form, this aspect of the regulations will be successfully challenged by the electronic cigarette industry.

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