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E-cigarette ads on TV?

I just recently saw an ad for Vuse e-cigarettes on TV. I can't remember the channel but I know it was on cable. Considering that cigarette and tobacco ads have been banned since the 70's how is this legal? Is it because technically they aren't tobacco products, even though they have a warning at the beginning of the ad that it contains nicotine? How are they getting away with this? Also along the same line do the laws against tobacco ads also apply to online video services, like Netflix, Hulu, and You Tube?
 
I just recently saw an ad for Vuse e-cigarettes on TV. I can't remember the channel but I know it was on cable. Considering that cigarette and tobacco ads have been banned since the 70's how is this legal? Is it because technically they aren't tobacco products, even though they have a warning at the beginning of the ad that it contains nicotine? How are they getting away with this? Also along the same line do the laws against tobacco ads also apply to online video services, like Netflix, Hulu, and You Tube?

The restrictions that went into effect for radio and TV on January 1, 1971 were exclusive to licensed broadcast media and were specifically limited to tobacco products.

E-cigarettes are not tobacco products.

And streamed video services are not broadcast services. In the case of Netflix, there are no ads. For the others, it is a matter of policy.
 
Here's how the DOJ responded to the question about e-cigarettes:

"Unlike traditional cigarettes, electronic cigarettes do not consist of a “roll of tobacco” and therefore do not appear to fall within the definition of “cigarette” as it is currently defined in the Cigarette Labeling and Advertising Act."
 
e-cigarettes are pretty much as much of a cigarette or cigar as a nicotine patch. Both are a substitute for the tobacco cigarette.
 
There is a set of regulations for ecig ads imposed by the FDA. But such ads are permitted, for now, on broadcast media.
 
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