Regardless, the AHA considers e-cigarettes that do “contain nicotine to be tobacco products and therefore supports their regulation under existing laws relating to the use and marketing of tobacco products.” They suggest regulation in the areas of youth marketing, smoke-free air laws, and manufacturing, in order to make sure e-cigarettes don’t encourage nicotine use, which no matter what the delivery method, does present health dangers to its users.

In my view, it is impossible to justify this aspect of the FDA's proposed deeming regulations because any restrictions on marketing to adult consumers should be based on the need to prevent companies from transmitting false, misleading, or deceptive information. Prohibiting companies from telling consumers the truth does not advance any legitimate government interest.

Make no mistake, war is coming to the E-Cig industry.

2. The regulations put a huge, if not insurmountable, obstacle in the way of new and innovative electronic cigarette products.

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