The point is that there was no way for the cigarette companies to comply with the law, other than to change the banned descriptors to a new term. And no matter what term they chose, consumers would have figured out which brand was which. Moreover, the law did not specify or imply that the companies were prohibited from informing consumers which brand was which.

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Organizations that oppose electronic cigarettes, such as the CDC and FDA, and anti-smoking advocates who oppose these products, like Dr. Stanton Glantz, have been arguing that electronic cigarettes are a gateway to youth smoking. The CDC has gone so far as to claim that its own survey demonstrates that youth are starting with electronic cigarettes and then moving on to smoke real tobacco cigarettes. The CDC has warned the public that e-cigarettes lead to a lifetime addiction to smoking among our nation's children.

In other words, not only is this fraud, but it is doing public health damage.

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