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Clearly, this requested action brings up significant issues under the Compact Clause, issues which certainly do not qualify for an exception from this clause under the Supreme Court's decision in United States Steel. (For a detailed discussion of how enforcing the MSA on electronic cigarette companies would violate the Compact Clause, see the excellent submitted by the Competitive Enterprise Institute in S&M Brands.)

We are only two weeks into 2014, but that's all the time needed for the rigor of tobacco control science to have degraded to about the lowest level imaginable.

In fact, it could well be that flavored electronic cigarette use inhibits youth smoking by making it much less likely that a youth is going to enjoy his or her first experience with real tobacco cigarettes. The oral and respiratory tracts that are used to fruit or candy flavors are most likely not going to be able to tolerate or enjoy the harsh taste and sensation of a tobacco cigarette. For this reason, it is entirely conceivable that the use of electronic cigarettes might actually be a deterrent to cigarette smoking.

Now, if those 100 resistant smokers were then followed for six months, we would expect that very few of them would quit smoking because all of them had already tried e-cigarettes and failed.


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