Under the proposed legislation, it would still be a class B misdemeanor for anyone outside the jail to give inmates E-Cigarettes and require inmates to purchase specially designed plastic e-cigarettes only from state-sanctioned commissary, and no longer a sentence extending crime for an inmate to possess a controlled but legal substance.

"Frieden acknowledged that “stick to stick, they’re almost certainly less toxic than cigarettes" and that many people have quit smoking tobacco cigarettes with the help of e-cigarettes. However, he said, “the plural of anecdote is not data.”"

Today, I express my opinion that the use of these studies to draw conclusions about the efficacy of e-cigarettes for smoking cessation is not just unscientific, but dishonest as well.

"The findings demonstrated that manufacturers did not simply remove descriptors, to be in compliance with the law, but introduced new color-coded brand name descriptors which smokers were able to recognize and easily identify the formerly labeled "lights" brands. We did not examine the use of colors themselves, which may be protected by the First Amendment, but rather the use of color terms. The marketing materials examined make explicit the fact that the use of substituted color terms in brand names is similar to the dropped "descriptors, so that consumers will continue to recognize these brands as "lights"."

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