1. Altria Client Services (on behalf of Nu Mark): "Nothing in the FSPTCA [Family Smoking Prevention and Tobacco Control Act] requires FDA to engage in all-or-nothing deeming for all purposes. Rather than deem an entire class of tobacco products categorically subject to the FSPTCA for all purposes, FDA has multiple options for proceeding in a reasoned, scientifically sound, and incremental manner. For example, FDA should exercise its statutory authority to deem e-vapor products commercially marketed before the Final Rule for certain purposes under the FSPTCA. Such products would be subject to age restrictions, warning labels, and disclosure requirements, without subjecting them to premarket authorization. Only those e-vapor products commercially marketed after issuance of the Final Rule would be subject to ... premarket authorization."

You see, there is no question that huge reductions in cigarette consumption improve respiratory symptoms. My patients who were able to cut down substantially on their smoking experienced immediate improvements in their ability to exercise and were able to enjoy life more because they could do more things without getting short of breath. Research confirms that respiratory symptoms improve when smokers are able to cut down the amount they smoke by at least 50%.

To the best of my knowledge, this assertion is false. I do not believe that Mistic is a tobacco company. I believe that Mistic is an electronic cigarette company, and I do not believe that Mistic is owned by any tobacco company. Thus, I believe that this accusation is false.

Clearly, this requested action brings up significant issues under the Compact Clause, issues which certainly do not qualify for an exception from this clause under the Supreme Court's decision in United States Steel. (For a detailed discussion of how enforcing the MSA on electronic cigarette companies would violate the Compact Clause, see the excellent submitted by the Competitive Enterprise Institute in S&M Brands.)

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