Here's the text of my email:
___
Dear Mr. Kroger:
I've been watching with interest the AG office's campaign against Smoking Everywhere and have a couple of comments to make.
First of all, let me make it clear that I fully understand that there's a potential legal problem surround Smoking Everywhere's health claims. It's clear to me that Smoking Everywhere should never have made these unsupported claims and should be held accountable for them.
However, and this is the critical part of my comments, it appears to me that the AG's office is using expanded rhetoric against Smoking Everywhere that has nothing to do with their health claims and everything to do with pressing an agenda aimed at banning the devices on other grounds.
One of the primary arguments being used by your office is that the Smoking Everywhere product offers flavored versions of it's cartridges, and that that fact indicates they're being marketed to children. For one thing, this argument has nothing do to with the health claims Smoking Everywhere made. For another it's completely egregious. Many products that are marketed to adults come in a variety of flavors. Cosmetics for example. Bottled water for another. Yogurt for yet another. Are these products marketed to children simply because they come in various flavors? Of course not.
I'm a professional graphic artist. I've worked in an agency environment for many years where I handled accounts including Visa International, Quaker Oats, Northwest Airlines and many others. I can say with absolute certainty that a marketing campaign aimed at children includes many other factors than the existence of flavorings. Adults respond to flavorings just as readily as children. We don't reach some magical age when flavors no longer matter to us. When marketing to children many other factors come into play, each of which build upon the others to create an "ecosystem" that defines the campaign. Among these elements are price, package design, ad placement, shelf placement and many others. If one thing is clear about Smoking Everywhere's product it's that it isn't being marketed to children.
Again, the issue I have with the AG office's statements on the Smoking Everywhere case is that they include rhetorical anti-smoking language that seems to expose a social agenda that goes beyond the enforcement of the law. I think that's wrong and should be stopped. I have no problems with the AG going after Smoking Everywhere on the grounds that they made unsupported health claims, but expanding the rhetoric in the ways outlined above is inappropriate.
Thank you for taking the time to read my email.
___