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The National Association of Convenience Stores notes that the Family Smoking Prevention and Tobacco Control Act, the 2009 law that gave the FDA authority over tobacco products, says the agency may not "prohibit the sale of any tobacco product in face-to-face transactions by a specific category of retail outlets." But since the FDA has threatened to move up the deadline for approval of e-cigarettes or take flavored varieties off the market altogether, it has a lot of leverage to demand changes short of those actions
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The Shaar Hamelech (see article by this writer in the Torah journal Haamek entitled Lifnei Iveir in which this is discussed at length
Applying the Act to Non-Nicotine Devices is not only illogical and contradictory, but it runs counter to the data-driven, science-backed approaches to youth prevention that make for good policy
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