1. Electronic cigarette companies cannot inform consumers that these products are safer than cigarettes, and they cannot even tell the public that they are free of tobacco.

In fact, the American Cancer Society (ACS) has established a series of given in Dr. Terry's honor and memory. According to the ACS: "The Luther L. Terry Awards are presented triennially and in conjunction with the World Conference on Tobacco OR Health. These awards recognize outstanding worldwide achievement in the field of tobacco control. Awards are presented in six categories: Outstanding Individual Leadership, Outstanding Organization, Outstanding Research Contribution, Exemplary Leadership by a Government Ministry, Distinguished Career, and Outstanding Community Service. Named for the late United States Surgeon General Luther L. Terry, M.D., whose groundbreaking work established the foundation for public health scrutiny of the dangers of tobacco use, the Awards honor outstanding leadership and accomplishment, are synonymous with excellence, and signify that the recipients are among the very best in the world at what they do."

Similarly, NJOY does not appear to be marketing to kids. The most telling point is that in its internet sales, the company does not sell flavored e-cigarettes (only traditional tobacco and menthol). And of course, if NJOY were after kids, it would certainly offer the flavored varieties online, since kids are more easily able to obtain these products online, where age verification is not required, than in-store, where it is.

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