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.)

(See: Borderud SP, Li Y, Burkhalter JE, Sheffer CE, Ostroff JS. Electronic cigarette use among cancer patients: Characteristics of e-cigarette users and their smoking cessation outcomes. Cancer. Published online ahead of print on September 22, 2014. doi: 10.1002/cncr.28810.)

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