If electronic cigarette companies were forced to adhere to the MSA, it would bring an end to all electronic cigarette brand name sponsorships, outdoor and transit advertising, branded merchandise, free product samples (except in adult-only establishments), and targeting of youth in advertising.

The ACLU is also challenging the inclusion of electronic cigarettes in the regulations, as it seems absurd to ban the use of e-cigarettes in all parks, given the lack of any evidence that vaping in a park poses any substantial public health threat.

"The government has an obligation to carefully scrutinize any new consumer product that is presented as an alternative to smoking. But government agencies and public health officials have no business discouraging or disparaging e-cigarettes in the absence of any data that they are causing harm. This is especially the case when these products have so much potential to curb cigarette smoking, the public health scourge that still claims half a million lives a year."

• The truth is that the study we relied upon did not measure the time course of electronic cigarette and cigarette use. Thus, it could not determine whether the kids who were using both cigarettes and electronic cigarettes had initiated with smoking or with electronic cigarettes.

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