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1. Between 2003 and 2008, one of the authors performed consultation services for R.J. Reynolds and Lorillard and conducted research at his medical school which was funded by R.J. Reynolds, Brown & Williamson, and Liggett. The total annual amount of his consulting payments from Big Tobacco was as high as $40,000. While the amount of grant funding received from tobacco companies is not clear, one of the anti-smoking groups has documented that the level of funding in 2005 was $400,000 and in 2004 was $1 million.

On his tobacco , Dr. Stan Glantz links to a quite inappropriate advertisement for blu electronic cigarettes, attacking Lorillard for using this approach to promote e-cigarette use. He claims that this is part of Lorillard's ongoing strategy, accusing Lorillard of stooping to this low tactic to recruit youth to vaping. The ad depicts a robot having sex with a woman and then afterwards shunning a cigarette and offering an e-cigarette instead.

If a company were to make such a claim, it would constitute a reduced exposure claim, which is prohibited under section 911. To make matters worse, such a claim can only be approved by the FDA if the company shows that if consumers hear that the product is free of tobacco, they will not be led to believe that the product is safer. In other words, to simply make the truthful and uncontroversial claim that your electronic cigarettes are free of tobacco, you would have to first demonstrate that consumers will not interpret the absence of tobacco as indicating that the product is any safer. But we know for a fact that consumers will interpret (and should interpret) the absence of tobacco as an indication that vaping is safer than smoking. Therefore, the deeming regulations place a de facto, permanent ban on electronic cigarette companies making the simple claim that their products do not contain tobacco.

It may sound like a strong, courageous action from a Board of Health that is being guided by the solid, consistent principle that all nonsmokers should be protected from exposure to secondhand smoke, period.


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