4. Those products are menthol-flavored cigarettes.

If the policy were based on health principles, it would encourage smokers to quit, and therefore, it would reward smokers who are trying to quit using nicotine patches, nicotine gum, or electronic cigarettes, rather than exclude these individuals from employment.

The press release was entitled: "Members of Congress: More and More Children Being Exposed To E-Cigarette Marketing Are Picking Up Habit;FDA Urged to Protect Children as More Evidence Shows E-cigarettes Serve as Gateway to Tobacco Products."

Furthermore, the web site to which Wimmer links (NEwhere) does not claim that electronic cigarettes are safe. Instead, it suggests that they are safer than cigarettes. In fact, NEwhere acknowledges that electronic cigarettes are not 100% safe, as they do deliver formaldehyde. It its customers that: "electronic cigarettes are not a panacea for smokers. Electronic cigarettes do still contain the harmful chemical formaldehyde in their vapors."

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