By this definition, it would be illegal to sell not only the e-liquids used in modular electronic cigarettes, but also the refill cartridges used in rechargeable electronic cigarettes. Thus, this legislation would remove from the market a huge chunk of the electronic cigarettes that are currently sold in New York State. Only disposable electronic cigarettes would remain, and it is unclear if even these would be allowed to be sold, since they do contain "a liquid composed of nicotine and other chemicals" that is "used in an electronic cigarette." Thus, it is conceivable that this legislation would ban the sale of all electronic cigarettes in the state of New York.

Instead, we are now faced with the "deeming regulations," a disastrous proposal under which most of the existing e-cigarette market may be destroyed and the market essentially handed over to Big Tobacco, which are the only companies large enough to successfully complete the new product applications which will be required for every single e-cigarette product on the market.

But there is another important factor that Glantz is forgetting. In the existing studies, the smokers examined had simply cut down on the amount they smoked without substituting another source of nicotine. Therefore, they were highly likely to be compensating by inhaling much more heavily on the cigarettes that they smoked. In contrast, when dual users of e-cigarettes and cigarettes cut down substantially on their smoking, they are doing so by substituting non-tobacco, nicotine cigarettes. One would expect much less, if any, compensation. Thus, the studies that Glantz cites are not quite as relevant as they would otherwise be.

Why? Because it is quite apparent from the study itself that the authors knew that the overwhelming majority of the 88 electronic cigarettes "users" in their study had little or no interest in quitting and were not using these products as part of a quit attempt.

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