While many of these restrictions are reasonable, the final restriction mentioned - the prohibition on electronic cigarette companies claiming that these products are safer than tobacco cigarettes - is both inappropriate and devastating to the public health interest.

Instead, the law created a huge bureaucracy full of red tape and sluggish approval processes such that there are still close to 3500 substantial equivalence applications stacked up in a pile somewhere, and the FDA is so overburdened that it cannot even issue electronic cigarette regulations in a reasonable amount of time.

A recent from the UK involved a survey of 12,171 adults in February and March of this year. The survey found that 4.7% of ex-smokers were regularly using electronic cigarettes. Among these ex-smokers, 71% reported that they were using e-cigarettes to try to quit smoking and 48% reported that they were using e-cigarettes to try to keep off tobacco products. These data suggest that the overwhelming majority of ex-smokers using e-cigarettes are people who smoked and then quit smoking because of these products, rather than ex-smokers who returned to nicotine use via e-cigarettes.

Sadly, the truth is that the one lying to and deceiving the public is the American Lung Association. Most electronic cigarette companies are honestly and correctly informing their customers that these products are safer than cigarettes and that they may be helpful to some people in getting them off tobacco cigarettes. These are demonstrably truthful statements.

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