Might they not be surprised, then, to discover the truth:

What would be an example of such a severe problem that it warrants reporting to the FDA? to the medical branch chief in the Office of Science at FDA's Center for Tobacco Products, such a severe problem would be something like if a cigarette "just smells or tastes wrong."

Facebook’s actual contains none of these, only general statements that “we may use the information we receive about you … for internal operations, including troubleshooting, data analysis, testing, research and service improvement.” and “We give your information to the people and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to … conduct and publish research.” Neither of these comes close to a “description of the procedures to be followed” or a “description of any reasonably foreseeable risks or discomforts,” and the Data Use Policy doesn’t even attempt to offer a contact for questions or an opt-out."

As currently proposed, the deeming regulations will require virtually every e-cigarette product on the market to submit a pre-market review application, in which the company must demonstrate that the introduction of the product into the market is beneficial for the public's health. The data required to demonstrate this is complex, as it requires a consideration of not only the benefits of the product to intended users (adult smokers), but also the consequences of the product's availability in the market to others, such as nonsmokers and youth. The complexity and burden of this requirement makes it unfeasible for most e-cigarette companies, which are small and do not have adequate resources for such an undertaking. The result would be to pull tens of thousands of products from the market and constrict the market severely. In addition, it would create an absolute bureaucratic, nightmarish mess.

The letter requests that the Attorneys General define electronic cigarettes as being cigarettes under the MSA and argues that doing so will bring electronic cigarette companies under the terms of the MSA, therefore placing severe restrictions on the advertising and marketing of these products.

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