The study authors attack the cigarette companies for substituting another term in the brand name for their products after removing the offending terms ("lights," "ultra-lights," "mild," etc.). But what they fail to acknowledge is that in order to comply with the law, the cigarette companies had no other choice. Had they simply removed the offending descriptor, this would have resulted in their having four or five brands with the exact same name, preventing consumers from having any way to distinguish these brands. Such a result would have effectively removed these brands from the market, which was clearly not the intent of Congress. Had Congress intended to remove these brands from the market, it would have simply banned these brands altogether.

Under the proposed legislation, it would still be a class B misdemeanor for anyone outside the jail to give inmates E-Cigarettes and require inmates to purchase specially designed plastic e-cigarettes only from state-sanctioned commissary, and no longer a sentence extending crime for an inmate to possess a controlled but legal substance.

This creates a huge incentive for Congress, and the President, not to take any action that would substantially reduce cigarette consumption. For example, it would create an incentive to bury electronic cigarettes somewhere under the Beltway so they cannot compete with the traditional cigarette products.

It is interesting to find out that the "wild, wild West" that anti-smoking groups have complained so much about (i.e., the lack of current regulation of e-cigarettes because they fall into the cracks of the FDA Tobacco Act) is actually their own fault. Had these groups pressured the sponsors of the Tobacco Act to regulate e-cigarettes as tobacco products back in 2009, these products would have been introduced to the U.S. market under a regulated framework, in which, at very least, the FDA would have been able to inform itself about the products by collecting key information, such as ingredients and basic quality control information.

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