Last week, three Democratic lawmakers -- Rep. Henry A. Waxman (CA), Sen. Tom Harkin (IA), and Rep. Peter Welch (VT) -- sent a to the Attorneys General in their states requesting that the AGs declare that electronic cigarettes fall under the terms of the Master Settlement Agreement (MSA) signed in 1998 with the tobacco companies.

Incidentally, the Reynolds/Lorillard lawsuit seeks to have Drs. Benowitz, Henningfield, and Samet dismissed from the FDA's TPSAC (Tobacco Product Scientific Advisory Committee) panel because of these conflicts of interest. While these conflicts do not preclude the participation of these scientists as authors of the Surgeon General's report, they absolutely must be disclosed to the public.

Specifically, the survey of 2,000 11-18 year-olds in 2014 found that:

Importantly, the ERS did not qualify its statement. It did not state that it is opposed to the use of e-cigarettes by smokers who may be able to quit without them. It did not state that it is opposed to the use of e-cigarettes except among smokers who cannot quit without them. It simply stated its blanket opposition to any and all use of electronic cigarettes by smokers.

Health advocates are worried that allowing big tobacco companies into the e-cigarette market could unleash a wave of seductive advertising that would lure young people into taking up the habit.

The major finding of the report was that pharmaceutical companies are marketing nicotine gum and lozenges in flavors that could be appealing to children and teens. Among the flavored brands of nicotine gum and lozenges cited in the report are:

The study concludes that the tobacco companies circumvented the law and argues that these brands should be labeled by the FDA as "adulterated" and pulled from the market.

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