The name of the Nicoventures representative was suppressed by the TGA, which also edited large parts of the company’s pitch.

For this reason, I believe there is a serious question as to the constitutionality of this provision of the deeming regulations. The government cannot interfere with commercial speech unless that interference is necessary to promote a legitimate government interest. The only way that the government could show that a ban on stating that electronic cigarettes are safer than tobacco cigarettes advances a legitimate government interest would be to provide evidence that electronic cigarettes are not safer than real cigarettes. Since such evidence does not exist, the government would have a difficult time making the case. Therefore, I believe that if the deeming regulations are promulgated in their current form, this aspect of the regulations will be successfully challenged by the electronic cigarette industry.

"Frieden acknowledged that “stick to stick, they’re almost certainly less toxic than cigarettes" and that many people have quit smoking tobacco cigarettes with the help of e-cigarettes. However, he said, “the plural of anecdote is not data.”"

As tobacco control advocates commemorate the 50th anniversary of the release of the 1964 Surgeon General's report on smoking by Dr. Luther Terry, we are praising Dr. Terry for his groundbreaking and pivotal work that many view as having started the tobacco control movement. Dr. Terry served as Surgeon General of the United States Public Health Service from 1961 to 1965.

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