"The standard of consent for terms of service is low. But that “consent” is a legal fiction, designed to facilitate online interactions. (See and ’s books for more.) It’s very different from informed consent, the ethical and legal standard for human subjects research (HSR). The Federal Policy for the Protection of Human Subjects, a/k/a the , requires that informed consent include:

It is interesting to find out that the "wild, wild West" that anti-smoking groups have complained so much about (i.e., the lack of current regulation of e-cigarettes because they fall into the cracks of the FDA Tobacco Act) is actually their own fault. Had these groups pressured the sponsors of the Tobacco Act to regulate e-cigarettes as tobacco products back in 2009, these products would have been introduced to the U.S. market under a regulated framework, in which, at very least, the FDA would have been able to inform itself about the products by collecting key information, such as ingredients and basic quality control information.

Currently under consideration in several states, is legislation that would tax electronic cigarettes as traditional tobacco cigarettes, which would be much costlier for consumers. For example, North Carolina currently taxes consumers 45 cents per pack, or 12.8% of the cost of traditional cigarettes and other tobacco products like snuff, cigars and chewing tobacco. David Powers, VP of Government Relations for R.J. Reynolds a large backer of the proposed legislation state’s “many smokers are switching from tobacco cigarettes to e-cigarettes, adding “vapor devices carry less health risk because no tobacco smoke is produced.” “We don’t want to create disincentives for smokers to try it.”

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