The Campaign for Tobacco-Free Kids argued that the tobacco companies and retailers not be allowed to tell consumers that the renamed products are the same as the former products. But this would have been an unconstitutional restriction of free speech. Unless the renamed product is banned, or the descriptor used is in violation of the law because it directly infers that the cigarette is safer, then I'm afraid that the companies are in compliance with the law and the anti-smoking groups are going to have to respect that.

Because ANR is falsely accusing Mistic of being part of Big Tobacco, I am afraid that ANR is making a potentially defamatory statement. The false accusation appears to be malicious, as it ties Mistic to the historical fraud and conspiracy for which the tobacco companies were found guilty in the Department of Justice lawsuit. The accusation also appears to represent a blatant disregard for the truth, since there is absolutely no reason to even think that Mistic is owned by Big Tobacco, and because ANR does not list Mistic in its list of e-cigarette brands that are owned by tobacco companies. Thus, it appears that ANR is aware that Mistic is just an independent e-cigarette company.

Back in 2010 the documented smoking rate was 14%; a superb rate and lower than the Nation. However, according to the latest data, as of last year there were approximately a little over 16% adults smoked last year, a rise from the recorded value of 2010. So even with the increase restrictions and high taxes, New Yorkers are still finding tobacco to be a sought after commodity. Either that or more adults are switching back to smoking ever since the electronic cigarette ban. Considering smoking is more convenient in terms of not having to charge, take care of E-Juice, and replacing coils, I can see how there is almost easier just to pick up a pack of cigarettes when there is almost no incentive to use electronic cigarettes.

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