As currently proposed, the deeming regulations will require virtually every e-cigarette product on the market to submit a pre-market review application, in which the company must demonstrate that the introduction of the product into the market is beneficial for the public's health. The data required to demonstrate this is complex, as it requires a consideration of not only the benefits of the product to intended users (adult smokers), but also the consequences of the product's availability in the market to others, such as nonsmokers and youth. The complexity and burden of this requirement makes it unfeasible for most e-cigarette companies, which are small and do not have adequate resources for such an undertaking. The result would be to pull tens of thousands of products from the market and constrict the market severely. In addition, it would create an absolute bureaucratic, nightmarish mess.

1. The use of electronic cigarettes has increased dramatically, ever since the fourth quarter of 2011.

Well, Polosa et al. have conducted exactly such a . They examined the changes in asthma symptoms among smokers who continue to smoke versus those who switch to electronic cigarettes. These investigators reported that in contrast to real cigarettes, the fake ones result in actual harm reversal. Lung function, asthma control, and asthma symptoms were significantly improved among patients who switched from regular cigarettes to electronic cigarettes. These improvements were even observed among patients who became dual users of both real and fake cigarettes.

This has to be one of the most disgraceful moves of the year by any medical or public health group. Even the multinational tobacco companies do not have the gall to promote a ban on electronic cigarettes so that their deadly tobacco cigarettes will not be threatened by this potentially substantial competition. In fact, the position of these supposed lung health groups is far more extreme than any Big Tobacco position, as the tobacco companies have entered the e-cigarette business and are not using their lobbying power to try to remove these products from the market. Sadly, it is these lung health groups that apparently want electronic cigarettes taken off the market so that deadly tobacco cigarettes can maintain their monopoly on smokers.

Last week, three Democratic lawmakers -- Rep. Henry A. Waxman (CA), Sen. Tom Harkin (IA), and Rep. Peter Welch (VT) -- sent a to the Attorneys General in their states requesting that the AGs declare that electronic cigarettes fall under the terms of the Master Settlement Agreement (MSA) signed in 1998 with the tobacco companies.

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