In other words, it is time to acknowledge that the law was flawed. It is not the cigarette companies that are to blame for the fact that consumers still understand which brand is which. The law is to blame. If the intent of Congress were to ban any brand that might mislead consumers, then the Congress should simply have banned these brands, requiring them to be pulled from the market.

Thus, before even getting to the issue of informed consent, the subjects in this research did not even consent to the research in the first place.

Overall, ASH reported that "98% of children who have never smoked have never even tried an electronic cigarette."

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