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The relative safety of e-cigarettes over tobacco cigarettes is their primary selling point.

In order to represent informed consent, there are several other elements which must take place. These are best by Professor James Grimmelmann over at :

Ironically, Mayor Canepa wants to close up shop for stores which are arguably selling a product that deters consumers from using toxic tobacco cigarettes, while at the same time, protecting existing stores from this competition and allowing them to continue selling their deadly cigarettes to Daly City smokers, which according to recent data, include children, who were able to buy cigarettes at Daly City cigarette stores.

The point is that there was no way for the cigarette companies to comply with the law, other than to change the banned descriptors to a new term. And no matter what term they chose, consumers would have figured out which brand was which. Moreover, the law did not specify or imply that the companies were prohibited from informing consumers which brand was which.

"If smoking cessation products can achieve a greater acceptance among smokers by offering craving relief, coupled with rapid absorption and mimicking many aspects of a cigarette ... they will enable a greater proportion of the smoking population to begin their journey towards quitting or substitution of cigarettes with medicinal nicotine products."


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