In fact, it is unlikely that the tobacco companies will challenge the deeming regulations. These companies stand to gain the most by the regulations, which make it much more difficult, if not impossible, for the non-tobacco-related electronic cigarette companies (especially the smaller ones) to survive. If the deeming regulations are challenged, that challenge is more likely to come from the smaller manufacturers, not the tobacco companies. And any such challenge would not be from "highly paid" sources, but from companies that cannot independently afford such a challenge. They would have to pool resources to have any chance of affording such a challenge, which makes me believe that any serious challenge to the regulations is unlikely.

The Congressmembers are wrong even on that score. The MSA clearly defines a cigarette as a product that contains tobacco. Electronic cigarettes do not contain tobacco. Thus, they do not meet the MSA's definition of a cigarette.

Organizations that oppose electronic cigarettes, such as the CDC and FDA, and anti-smoking advocates who oppose these products, like Dr. Stanton Glantz, have been arguing that electronic cigarettes are a gateway to youth smoking. The CDC has gone so far as to claim that its own survey demonstrates that youth are starting with electronic cigarettes and then moving on to smoke real tobacco cigarettes. The CDC has warned the public that e-cigarettes lead to a lifetime addiction to smoking among our nation's children.

This argument is fallacious, I believe, because there are many things that changed from one cohort to the next. The introduction of cigarette filters is only one such change. To assume that any observed changes in cancer risk from one cohort to the next must be attributable to one particular change - the filter - is not appropriate, in my view.

Instead, I think that studies which specifically compare lung cancer risk between lifelong smokers of filtered vs. non-filtered cigarettes during the same time period are most informative regarding the relative cancer risks of these products. And multiple studies along these lines, including recent studies, have reported a slightly decreased risk associated with lifetime smoking of filtered vs. non-filtered cigarettes.

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