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The mere fact that Congress permitted states to regulate how tobacco products are sold and distributed does not mean that power is unlimited. An industry insider, who requested anonymity so as not to affect their companys PMTA applications to the FDA, held a similar sentiment

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For example, the FDA has recently announced its intent to ban the sale of menthol cigarettes nationwide.[11] If the lesson out of Massachusetts is any indication, such a ban, which would criminalize the sale of over a third of the current national market, could have a massive impact on revenue generation.[12] Massachusetts has collected roughly 25 percent less revenue since imposing a menthol ban in June 2020,[13] and while Massachusetts has to contend with smuggling of menthol cigarettes from other states where they are still legal, a federal ban would likely lead to a rise in international smuggling of menthol cigarettes