The Food and Drug Administration has been in contentious conflict with e-cigarette makers, attempting numerous times to regulate the product, sometimes effectively and other times not. E-cigarette companies successfully contended in a lawsuit against the FDA that they are tobacco products, and the FDA therefore has no jurisdiction over their regulation because it infringes Congress’s intent to withhold FDA’s authority over tobacco products

The U.S. Justice Department and the Tobacco-Free Kids Action Fund have reached an agreement with the four major tobacco companies requiring them to spend millions across major media as part of a settlement for their misrepresentation of the hazards of smoking—but the companies will not have to make a single purchase from a Black print or broadcast media company.