"Smoking is not uniformly more hazardous than simply taking an exam."

As a public health advocate, the position of the Tobacco Control Legal Consortium is perplexing to me. The Consortium appears to be calling for the removal of the 24-month grace period for submission of substantial equivalence or new product applications by electronic cigarette products. If this advice were to be implemented, then the only electronic cigarettes that could remain on the market are those which were actually marketed as of February 15, 2007. This means that 99.9% of the electronic cigarettes currently on the market would have to be taken off the market.

An established principle of contract law is that both parties must agree to the terms. There must be mutual assent. However, the electronic cigarette companies were not party to the Master Settlement Agreement. Thus, the terms of that settlement cannot be imposed upon them involuntarily, even if electronic cigarettes were considered by the Attorneys General as meeting the MSA's definition of cigarettes.

E. One

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