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however, they offer additional protection

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The judge says the FDA is shirking its legal duty by delaying its review of vaping products by several years

State Tobacco (including cigars, cigarettes, alternative nicotine product, electronic cigarettes, smokeless tobacco or tobacco in any of its forms), tobacco accessories (cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines, flavored wrapping paper and wrapping leaf (blunt wraps, cigar wraps or tubes of paper or leaf or similar device for the purpose of making a roll of tobacco or herbs for smoking), and other items, designed primarily for the smoking or ingestion of tobacco products or of substances), any component, part or accessory of an electronic cigarette device used during the operation of the device, even if the part or accessory was sold separately, smoking herbs (broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce) and bidi cigarettes

This is a fine ethical line, no one wants underage vapers, but it could be underage smokers who are being left out from vital information about vaping and clearance vape juice that could help them quit tobacco as adults.