While as I said, I do not begrudge the CDC for holding this position on e-cigarettes, the fact that it is resorting to fabricating evidence in support of its position suggests that its position is untenable. If your position is strong, you should be able to support it with actual facts and scientific evidence. When all you can do to support your position is to produce false and misleading propaganda, then it's pretty clear you don't have a leg to stand on.

If a company were to make such a claim, it would constitute a reduced exposure claim, which is prohibited under section 911. To make matters worse, such a claim can only be approved by the FDA if the company shows that if consumers hear that the product is free of tobacco, they will not be led to believe that the product is safer. In other words, to simply make the truthful and uncontroversial claim that your electronic cigarettes are free of tobacco, you would have to first demonstrate that consumers will not interpret the absence of tobacco as indicating that the product is any safer. But we know for a fact that consumers will interpret (and should interpret) the absence of tobacco as an indication that vaping is safer than smoking. Therefore, the deeming regulations place a de facto, permanent ban on electronic cigarette companies making the simple claim that their products do not contain tobacco.

Unfortunately, it's just not that simple.

2. "The cross-sectional nature of our study does not allow us to identify whether most youths are initiating smoking with conventional cigarettes and then moving on to (usually dual use of) e-cigarettes or vice versa...".

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