Despite the tremendous proliferation of e-cigarette experimentation among youth, with a doubling of use from 2011 to 2012 alone, the CDC data show that youth smoking prevalence (among high school students) fell dramatically, from 18.1% in 2011 to 15.7% in 2013. This is a 13.3% decline in smoking prevalence over a two-year period. It is also the largest drop in youth smoking prevalence measured by this survey over the past decade.

However, from a public health perspective, the relevant question is not what results one would obtain if smokers were forced to use a particular strategy, but what results are obtained when smokers make the choice to use a particular strategy. This is why Stan Glantz's approach is inappropriate.

(See: Dutra LM, Glantz SA. Electronic cigarettes and conventional cigarette use: a cross-sectional study. Published online March 6, 2014. JAMA Pediatr. doi:10.1001/jamapediatrics.2013.5488.)

In other words, it is time to acknowledge that the law was flawed. It is not the cigarette companies that are to blame for the fact that consumers still understand which brand is which. The law is to blame. If the intent of Congress were to ban any brand that might mislead consumers, then the Congress should simply have banned these brands, requiring them to be pulled from the market.

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