Given that abundant evidence, it is inappropriate for many anti-smoking advocates and groups to continue to tell the public that we don't yet know whether vaping is safer than smoking.

In a salvo of actions, these lawmakers first issued a decrying the use of flavorings in electronic cigarettes and then the FDA's proposed deeming regulations for not imposing a ban on these flavorings.

All in all, the deeming regulations are a disaster. However, they are not as much of a disaster as they could have been. The positive side is that internet sales, marketing to adult consumers, and flavors are still allowed and that no products will immediately be taken off the market. The negative side is that new products will require pre-approval, virtually every product on the market will require a substantial equivalence determination (if not a new product approval), and that manufacturers will be forced to implicitly lie about the intended purpose and relative safety of the product by not being allowed to correctly point out that these products are much safer than tobacco cigarettes.

Since electronic cigarettes represent a huge threat to cigarette sales - as many smokers are switching to electronic cigarettes completely or reducing their cigarette consumption substantially and substituting vaping - this massive tax on electronic cigarettes would serve to protect cigarettes from competition, thus protecting Big Tobacco profits at the expense of the protection of the public's health.

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