According to the deeming regulations, electronic cigarettes cannot inform consumers that the electronic cigarette "presents a lower risk of tobacco-related disease or is less harmful than one or more other commercially marketed tobacco products" (which includes cigarettes). In other words, the marketing of electronic cigarettes will need to be based on the false pretense that e-cigarettes are not intended as a safer alternative to smoking.

It may sound like a strong, courageous action from a Board of Health that is being guided by the solid, consistent principle that all nonsmokers should be protected from exposure to secondhand smoke, period.

Tony Gwynn's at age 54 from repeated smokeless tobacco use is the reason why. While it is not common, traditional smokeless tobacco use is clearly associated with oral cancer. In addition, there is little evidence that as marketed and used in the United States, these products are helping a substantial proportion of smokers to stay off cigarettes.

The report also documents how pharmaceutical companies are using sponsorships of motor sports - particularly, the sponsorship of racing cars - to associate these products with youth-popular activities and events that have large youth audiences. The report includes photos, such as:

Many anti-smoking groups and advocates have been calling for a ban on all e-cigarette advertising. This would of course have been devastating to the industry and would have given tobacco cigarettes an unfair advantage in the marketplace. The FDA decided to defer any decision on marketing restrictions at this time. It is likely that the agency will revisit this issue in the future, but with more time, the FDA can craft marketing restrictions that balance the desire to protect youth from this advertising with the need for e-cigarette companies to be able to reach adult consumers.

4. Overall motivation to quit has increased since the dramatic rise in e-cigarette use.

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