An established principle of contract law is that both parties must agree to the terms. There must be mutual assent. However, the electronic cigarette companies were not party to the Master Settlement Agreement. Thus, the terms of that settlement cannot be imposed upon them involuntarily, even if electronic cigarettes were considered by the Attorneys General as meeting the MSA's definition of cigarettes.

The Truth: None of the cigarette companies have claimed that electronic cigarettes are safe. Moreover, the company which Wimmer cites as evidence of his assertion is not a tobacco company at all. NEwhere is purely an electronic cigarette company. It is not owned by Big Tobacco or any other tobacco company.

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