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I understand the venom that these policy makers have for electronic cigarettes because they look like cigarettes; however, their desire to protect tobacco cigarettes from competition from these safer products is not enough to justify urging their state Attorneys General to trample on the Constitution and to violate well-established state contract law.

2. Those products are not electronic (fake) cigarettes.

Furthermore, the web site to which Wimmer links (NEwhere) does not claim that electronic cigarettes are safe. Instead, it suggests that they are safer than cigarettes. In fact, NEwhere acknowledges that electronic cigarettes are not 100% safe, as they do deliver formaldehyde. It its customers that: "electronic cigarettes are not a panacea for smokers. Electronic cigarettes do still contain the harmful chemical formaldehyde in their vapors."

Now, thanks to Drs. Blum and Muhlberg, we find out that all the complaining by the anti-smoking groups about the "wild, wild West" of e-cigarette marketing in an unregulated environment is bogus, as these groups failed to insist on an amendment which would have regulated e-cigarettes as tobacco products. Instead, these groups - back in 2009 - were actually fighting to get e-cigarettes off the market entirely. Regulating them as tobacco products would have meant institutionalizing their entrance and penetration into the market. It would have risked having these safer products compete with much more hazardous products like regular tobacco cigarettes. And that, by the reasoning of Tobacco-Free Kids and Friends, would have been a disaster.


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