This lack of transparency in the report is unfortunate because readers deserve to be informed about financial conflicts of interest that could potentially have influenced the report's presentation and interpretation of the scientific evidence. This is especially important because the report makes broad conclusions regarding national strategies for smoking cessation. Thus, if the report's authors have received money from pharmaceutical companies that make the very products about which the report is opining, it would be critical to disclose these conflicts. The report fails to do so.

Instead, as Altria Client Services, Lorillard, and AEMSA have all recommended, the FDA should scrap the requirement for pre-market review of electronic cigarettes, at least until the effective date of the final regulations. After that time, applications for new products would be required, unless they could show substantial equivalence compared to a product already on the market (as of the final regulation effective date).

Curiously, however, this knowledge doesn't stop Glantz from using these studies to draw a conclusion about the efficacy of e-cigarettes as smoking cessation aids in his review article. Moreover, his review article omits any mention of the fact that these 5 studies "did not measure whether people were using e-cigarettes as a smoking cessation aid" and that these studies "did not directly test the efficacy of e-cigarettes as smoking cessation aids."

In addition to violating state law by enforcing a contract on a party not subject to that contract, Representatives Waxman, Harkin, and Welch are asking their Attorneys General to violate the Compact Clause of the Constitution by entering into a compact with other states without the consent of Congress. They are asking the states to conspire to an agreement by which they would force electronic cigarette companies to become parties to a contract to which they do not assent.

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