Instead, the law created a huge bureaucracy full of red tape and sluggish approval processes such that there are still close to 3500 substantial equivalence applications stacked up in a pile somewhere, and the FDA is so overburdened that it cannot even issue electronic cigarette regulations in a reasonable amount of time.

It is perfectly reasonable for the government to intervene to prevent companies from making false or misleading claims to the public. Even severe infringement of free speech by corporations may be justified in the case of preventing the deception of consumers. However, there is little justification for prohibiting companies from telling consumers the truth, and there is no justification for suppressing the truth when those facts are the most pertinent information that the consumer needs to know in order to make an informed decision about using the product.

"Inhaling tons of smoke from burning sticks full of harsh chemicals and dried leaves has been proven to be a highly efficient method of creating many murderous cancers. But while very addictive, not healthy, and not something we should be letting children purchase, nicotine use by itself is but a tiny fraction of tobacco’s threat. Confusing these problems is like comparing shoplifting a t-shirt with aggravated murder. Reporting recently on the toxicology of e-cigarettes, the British National Health Service stated the vapors contain 1/1000th the hazardous chemicals of real cigarettes. Those anti-smoking billboards on roadsides showing people with chunks of their face and lungs missing are showing the ravages of tobacco smoke, not nicotine use. To conflate the two ... is - at best - blindingly stupid regarding the facts ... . At worst, it is profoundly immoral propaganda that confuses and distracts people with a lethal addiction regarding a life-saving alternative. We now have the ability to separate smoking death from nicotine addiction. That should be a goal of health policy, not an obstacle."

Frankly, as I predicted prior to the enactment of the Family Smoking Prevention and Tobacco Control Act, the FDA's regulation of tobacco products is a national public health embarrassment.

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