Obviously, it is to the great disadvantage of cigarette profits to have e-cigarettes classified and treated separately. For example, if e-cigarettes are taxed as heavily as cigarettes, then cigarettes are protected from competition and have a huge market advantage. If e-cigarette use is not allows in the same places where smoking is allowed, then cigarettes also are protected from competition and gain a huge market advantage.

One of my fears in advance of the release of the regulations was that they would require substantial equivalence determinations for most products currently on the market an would pull some products from the market pending such determinations. Instead, the agency decided to allow all existing products to remain on the market, giving them two years to apply for FDA approval. In addition, new products can enter the market for the next two years without pre-approval from the agency.

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