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Specifically, while many of the defendants and their principals personally used vaping as a means to quit smoking, the complaints note that: FDA approval must be obtained before the product can be put into commerce with any labeling or marketing that represents explicitly or implicitly that the product presents a lower risk of tobacco-related disease or is less harmful than one or more other commercially marketed tobacco products, that the product or its smoke contains a reduced level of a substance or presents a reduced exposure to a substance, or that the product or its smoke does not contain or is free of a substance. The PLF defendants argue that their ability to communicate truthful information to their customers in e-cigarette marketing materials has been heavily restricted by the FDAs Deeming Rule

Carding Requirement: Retailers must Ask-for-ID for all customers of Restricted Products to establish that each customer is 21 years of age or older

British Medical Journal E-cigarettes are devices that allow users to inhale an aerosol (vapor) containing nicotine or other substances just as they would use a cigarette

The NBER highlights the lower smoking rates among wealthier and more educated Americans, who have read and understood the anti-smoking messaging, compared to Europe, where more educated and affluent groups still smoke