As I had suggested in my September 2010 column, Judge Richard Leon's decision was based in large part on his finding that Dr. Benowitz's ongoing conflict of interest with pharmaceutical companies rendered him unable to objectively consider the issue of dissolvable tobacco products (DTPs).

Another inexcusable conflict of interest is the fact that Mitch Zeller, the director of the FDA's Center for Tobacco Products and therefore the chief author of the proposed electronic cigarette regulations, came to the FDA directly from a consulting job with GlaxoSmithKline and therefore has a severe conflict of interest regarding the electronic cigarette issue.

Furthermore, they are lying to the public. In their report, they state: "The Tobacco Control Act restricts the distribution and sale of cigarettes with characterizing flavors." That's not true. After all, the Act does not restrict the sale of cigarettes with menthol as a characterizing flavors. It only prohibits flavors - such as chocolate, vanilla, and strawberry - that were not actually used in cigarettes at the time the legislation was enacted.

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