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The challenge facing the Biden Administration and the FDA is clear close the loophole

FDA proposing new e-cigarette regulations Following a failed attempt in 2009, the FDA last year proposed new rules to regulate e-cigarettes

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The ban on flavored e-cigarettes is also problematic from a health care standpoint because e-cigarettes are safer than combustible cigarettes and limiting access to these products could cause many vapers to relapse to smoking and prevent some smokers who would otherwise have switched from doing so, limiting tobacco harm reduction