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.

According to the new , of adults who are aware of electronic cigarettes, about half (49.3%) believe that cigarettes are no more harmful than e-cigarettes, which contain no tobacco, involve no combustion, and have been shown to have much lower levels of carcinogens and other toxins.

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