Unfortunately, the 2014 Surgeon General's report has left readers unaware of possible industry influences, as it has failed to disclose the pharmaceutical industry ties of many of its authors. And it is not difficult to estimate the extent to which pharmaceutical industry-generated research activities have influenced scientific thinking regarding the effects of smoking cessation drugs and nicotine's therapeutic (cessation) applications.

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.

C. Three

A spokesperson from one of the leading national anti-smoking groups commented: "The more things change, the more they stay the same. This just goes to show that the tobacco industry is still able to unduly influence medical research reporting, even if they are not currently paying their consulting scientists. These conflicts of interest were firmly established in the past and the conflicted scientists continue to do the tobacco industry's bidding."

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