How, then, do they get away with this?

The bottom line is that Senator Rockefeller is a typical politician and a classical hypocrite. He is also completely disingenuous. Were he truly committed to protecting kids from addiction to flavored tobacco products, he would never have sold out to Philip Morris by sponsoring and supporting legislation that exempted menthol from the cigarette flavoring ban. Even now, if he truly cared about the actual health of children, instead of attacking the e-cigarette industry, he would have devoted his time and energy to crafting and sponsoring legislation to ban menthol from cigarettes.

In my blog , I argued that the cigarette companies cannot possibly be found in violation of the law for using alternative names for their products when the law specifically allowed those products to remain on the market.

While it is theoretically possible that an electronic cigarette company could some day get a full reduced risk claim approved, the regulatory burden is extreme. Not only would the company have to show that the product is safer than smoking, but the company would also have to demonstrate that the product will not deter smokers from quitting and will not introduce youth to the use of nicotine. The studies required would be substantial. For most companies, the costs would be prohibitive. It would take many years before any company could even have a reasonable chance of getting such an application approved and by then it will be too late for the market to continue to expand.

Further, the FDA is asking smokers who suffer such extra-ordinary health effects to report them to the agency. But the FDA doesn't want to hear from you if you simply suffer a "normal" health effect, like crippling obstructive lung disease, inability to breathe, metastatic cancer, or brain infarctions. In order to engage the FDA's interest, the health problem must be one that is beyond these "normal" product side effects.

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