Abstract

Part I of this essay describes what is currently understood about the relative health risks of ENDS [electronic nicotine delivery systems] and other vaping products, particularly as compared to combustible cigarettes.

Part II of this essay describes the current regulatory regime governing tobacco products and how this regime has been applied to ENDS and other vaping products.

Part III of this essay explains how the FDA’s regulatory regime hampers the ability of ENDS manufacturers to inform consumers about the relative risks of their products and the potential use of ENDS as smoking cessation aids.

Part IV explains why this regulation of health claims may be having serious negative consequences for public health.

Part V explains why the current regulation of speech about the relative risks of ENDS and other vaping products is highly questionable under current commercial speech jurisprudence insofar as the FDA is prohibiting the communication of truthful information about such products.

This abstract has been adapted from the authors' introduction.

Document Type

Article

Publication Date

2024

Publication Information

5 Journal of Free Speech Law 103-140 (2024)

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