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2. Those products are not electronic (fake) cigarettes.

For this reason, I believe there is a serious question as to the constitutionality of this provision of the deeming regulations. The government cannot interfere with commercial speech unless that interference is necessary to promote a legitimate government interest. The only way that the government could show that a ban on stating that electronic cigarettes are safer than tobacco cigarettes advances a legitimate government interest would be to provide evidence that electronic cigarettes are not safer than real cigarettes. Since such evidence does not exist, the government would have a difficult time making the case. Therefore, I believe that if the deeming regulations are promulgated in their current form, this aspect of the regulations will be successfully challenged by the electronic cigarette industry.

Well, consider that by banning smoking at all private clubs but creating an exemption for the city's Banquet Hall, it could potentially establish a competitive advantage for the city-owned facility over private facilities in competition for business from people looking for venues for celebrations.

At one corner we have Big Tobacco, a $90 industry and the E-Cig industry is poking a very angry bear, and at the other corner is Big Pharma, the who have repeatedly been pushing for more and more regulation with E-Cigs and to claim that E-Cigs does not help with quitting and should not be advertised as such. There are doctors that still will not advice patients to use vaporizers to curb smoking sensation, but instead use Chantix instead. Chantix is still being prescribed right now and have yet to be pulled from pharmacies. In response to these suicides, all Pfizer has done is put a warning label on the box.

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