This provision is going to wreak havoc with the industry. The agency is determined that it cannot extend the grandfather date beyond 2007. This means that any product not on the market as of 2007 (which includes almost all electronic cigarette products) must either obtain a new product approval or a substantial equivalence determination. Given the snail's pace at which the FDA has processed cigarette substantial equivalence determinations, this could result in a literal quagmire of pending applications for the more than 250 brands of e-cigarettes currently on the market.

Yesterday, I that the 2014 Surgeon General's , released last Friday, failed to disclose the financial conflicts of interest of many of its authors. Specifically, the report is hiding the fact that many of its authors have or had financial conflicts of interest with pharmaceutical companies that manufacture the smoking cessation products about which the report provides a misleadingly positive review.

The basic framework that the FDA has proposed to regulate e-cigarettes is that every product on the market (except a very few that were already on the market as of February 2007) must submit a new product application. These applications must demonstrate to the FDA that the introduction of the product to the market is appropriate for the public's health.

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