Journal of Free Speech Law: "Speech Regulation and Tobacco Harm Reduction," by Jonathan H. Adler & Jacob James Rich

The FDA regulates ENDS and vaping products under federal tobacco legislation, treating them like cigarettes. Restrictions on providing truthful information hinder public health efforts, limiting consumers' knowledge about product risks. While ENDS are less harmful than cigarettes, regulations prevent producers from educating consumers. Misunderstandings about tobacco product risks persist, impacting public health negatively. Current restrictions on speech regarding product risks may not align with health promotion goals and raise First Amendment concerns. Recognizing and protecting ENDS producers' speech rights could enhance public health outcomes. [...]