Hopefully, the FDA will look towards a little higher level of scientific evidence and reasoning before it promulgates its final e-cigarette regulations.

Disclosure: I have not received any funding or compensation from the tobacco, electronic cigarette, or pharmaceutical industries. However, I am seeking funding from several electronic cigarette companies to conduct a behavioral study on the effects of electronic cigarettes on smoking behavior.

Let's suppose that Altria had decided to simply call these brands Marlboro A, Marlboro B, and Marlboro C. Consumers would have still learned which letter corresponded to which product, and if you conducted a study, you would find that despite banning the "lights" terms, consumers still recognized which product corresponded to which earlier brand name. By the reasoning of the study authors, this would have represented a circumvention of the law and resulted in the companies being attacked for evading the law.

3. American E-Liquid Manufacturing Standards Association: "FDA should use the effective date of the final rule for the Deeming Regulations as the new "Grandfather Date" for e-cigarettes and e-liquid products and model the substantial equivalence requirements for these products based on the Section 510(k) pathway for medical devices."

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