In the nick of time
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson
"FDA is aware that some tobacco products, such as e-cigarettes and certain cigars, are being marketed with characterizing flavors, and that these flavors can be especially attractive to youth. The prohibition against characterizing flavors established in the Tobacco Control Act applies to cigarettes only. FDA requests comments on the characteristics or other factors it should consider in determining whether a particular tobacco product is a "cigarette" as defined in section 900(3) of the FD&C Act and, consequently, subject to the prohibition against characterizing flavors, despite being labelled as a little cigar or other non-cigarette tobacco product."
Section 900(3) of the FD&C Act
3. Cigarette. The term 'cigarette'
A. means a product that
i is a tobacco product; and
ii meets the definition of the term 'cigarette' in section 3(1) of the Federal Cigarette Labeling and Advertising Act; and
B. includes tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco.
TITLE 15 -- COMMERCE AND TRADE CHAPTER 36 CIGARETTE LABELING AND ADVERTISING
1332. Definitions
1) The term "cigarette" means--
(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and
(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described insubparagraph (A)
By definition a "cigarette"
is a tobacco product
AND
{ (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco,
OR
(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described insubparagraph (A)}
AND
includes tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco.
26 US Code 5702 - Definitions
(a) Cigar
Cigar means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subsection (b)(2)).
(b) Cigarette
Cigarette means
(1) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and
(2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (1).
If a product does no contain a "roll of tobacco" it is not defined in section 900(3) as a "cigarette"
If a product does not contain a "roll of tobacco" it is not defined in 26 US Code 5702 as a "Cigar".
A roll of tobacco is tobacco leaves that have been made into a cylinder.
E-cigarettes do not contain a "roll of tobacco" and therefore are not cigarettes or cigars so the prohibition against characterizing flavors established in the Tobacco Control Act does not apply to e-cigarettes.
Further, if legal terms should be changed to encompass e-cigarettes, the exclusion of "characterizing flavors" would reduce efficacy as a harm reduction strategy to what is possibly the greatest spotlight of hope for smokers. The efficacy of "characterizing flavors" is attested to by the fact that FDA approved NRT's come in "characterizing flavors" and not in "tobacco flavors" The pharmaceutical companies have spent millions to determine that "characterizing flavors" aid in harm reduction and are a benefit to society in such usage.
Do not let ideology get in the way of harm reduction for the millions of smokers whom could potentially be saved from prolonged illness or death from combustible cigarettes.
Is there anything in particular anyone here wants me to write to the FDA about? I will write to them on the topic you choose, on the condition that you submit a comment on the same topic as well 
