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•Ads must make clear that the product is an e-cigarette and not a tobacco product

Because ANR is falsely accusing Mistic of being part of Big Tobacco, I am afraid that ANR is making a potentially defamatory statement. The false accusation appears to be malicious, as it ties Mistic to the historical fraud and conspiracy for which the tobacco companies were found guilty in the Department of Justice lawsuit. The accusation also appears to represent a blatant disregard for the truth, since there is absolutely no reason to even think that Mistic is owned by Big Tobacco, and because ANR does not list Mistic in its list of e-cigarette brands that are owned by tobacco companies. Thus, it appears that ANR is aware that Mistic is just an independent e-cigarette company.

The complete quote from this article:

Cigavette was started by lifelong smokers who were able to quit by using e-cigs. They wanted to “create a very cool brand that features the highest quality products at an economical price.”

Just last week, the FDA indicated that even very in cigarette brands could pose major issues of public health significance, prompting the agency to disapprove one substantial equivalence application and to hold onto thousands more for over a year.


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