If electronic cigarette companies were forced to adhere to the MSA, it would bring an end to all electronic cigarette brand name sponsorships, outdoor and transit advertising, branded merchandise, free product samples (except in adult-only establishments), and targeting of youth in advertising.

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.)

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