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In October 2011, commenting on Lorillard's lawsuit, I :

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.


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