"According tothe, e-cigarette use in England has been rising since2011, when the survey began. Meanwhile, the percentage of smokerswho reported quitting in the previous year rose from 4.6 percent in2011 to 6.2 percent in 2012. The cessation rate was 6.1 percentlast year and 8.7 percent in the first quarter of this year. Duringthe same period the success rate of smokers who tried to quit rosefrom 13.7 percent to 21.4 percent. Those numbers suggest the real promise of e-cigarettes—not as anefarious plot to hook teenagers on nicotine but as a harm-reducingalternative to smoking. If the FDA follows Durbin's advice, it willban most e-cigarette flavors, making the switch less appealing tosmokers who prefer the prohibited varieties, and restricte-cigarette advertising, making smokers less aware of a competingproduct that could literally save their lives."

"This is a blatant attempt at rent-seeking by an obvious vested interest. We know that the pharmaceutical industry has been lobbying hard to hamper the growth of e-cigarettes so it comes as no surprise to find Glaxo using the tired old gateway argument. The truth is that e-cigarettes will only "seriously disadvantage" the NRT market if they work better as quitting aids. In my experience—and the experience of countless other people—e-cigarettes are much better substitutes for smoking. If they were really a "gateway" to smoking, e-cigarettes would be good for companies like Glaxo as they would create more smokers (NRT companies need there to be smokers just as much as cigarette companies do)."

The paper defends its ethical standards by arguing that it "was consistent with Facebook's Data Use Policy, to which all users agree prior to creating an account on Facebook, constituting informed consent for this research."

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.

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