1. Battery safety and overcharge protection;

The rest of the story is that by applying section 911 to electronic cigarettes, the FDA is forcing electronic cigarette companies to implictly lie to its consumers by hiding from them the undeniable truth that electronic cigarettes are much safer than tobacco cigarettes. This removes the most critical element of potential marketing competition from combustible cigarettes.

Clearly, the FDA does not believe that there is sufficient evidence at the present time to conclude that cigarette smoking is any more hazardous than vaping.

The letter requests that the Attorneys General define electronic cigarettes as being cigarettes under the MSA and argues that doing so will bring electronic cigarette companies under the terms of the MSA, therefore placing severe restrictions on the advertising and marketing of these products.

However, this deterrent effect - if present - depends upon the availability of flavored electronic cigaretttes. If only tobacco and menthol e-cigarettes were to be allowed on the market, this deterrent effect could no longer take place.

"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.”"

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