I don't begrudge the CDC for enumerating the potential population-level risks of the introduction of electronic cigarettes to the market. However, I do criticize the agency for fabricating scientific evidence in order to support what is clearly a pre-determined agenda: the demonization of e-cigarettes.

I can only hope that science will be restored to its rightful place in tobacco control and public health. But right now, I am not at all optimistic.

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.

These results demonstrate that the public health messages regarding the severe hazards of cigarette smoking (and the safer alternative represented by e-cigarettes) being disseminated by e-cigarette companies are being successfully undermined by opposing messages from the CDC, FDA, policy makers, and other health groups.

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