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Mitch Zeller, director of the FDA's Center for Tobacco Products, said the FDA "learned a lot" from that first attempt and "took the time through the research to get this right." "If we are sued after we issue a final rule, we strongly believe that this will hold up under any legal challenges under the First Amendment, under our statute or under administrative procedure," he said on a call with reporters

and R.J

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Therefore, the FDA is recommended to continue to evaluate the impact of flavorings and product design on e-cigarette product appeal through PMTAs and post-market surveillance to ensure that product authorization for market entry does not instigate use among young people

In the case of tobacco, people respond to e-cigarette taxes and bans on e-cigarettes by switching to traditional combustible cigarettes