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In 10 days, I didn’t get any of my money back! They continue using their e-cigarette to this day.

If this is the kind of "scientific" reasoning that is going to guide the nation's decisions on how to handle tobacco products which are killing hundreds of thousands of Americans each year, then we may actually be better off reverting back to the "wild, wild west" that Stan Glantz keeps talking about. At least in that wild west, consumers are able to make reasonable judgments about the relative safety of different products. In the FDA-regulated "east," consumers are going to be kept hidden from even the most basic truths: that electronic cigarettes do not contain tobacco and that they are much safer than the real thing.

In the piece, she writes: "E-cigarettes are marketed in a variety of flavors, including cherry crush, peach schnapps, java jolt and magnificent menthol; such flavoring agents increase the appeal of the product to youth. Not surprisingly, the use of e-cigarettes is rapidly increasing among children. This is why this "next generation" product is of concern to pediatricians like myself; it offers an excellent way to addict the next generation of children to nicotine. ... We are at a critical juncture now — a moment when we can prevent children from being duped by advertising into using e-cigarettes. We should take steps to ban the advertising of e-cigarettes and prohibit their use indoors to ensure that the next generation does not suffer the consequences."

Thus, the authors readily acknowledge that it is impossible from this study to determine whether or not e-cigarettes lead to smoking or whether smoking leads to e-cigarette experimentation.

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.


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