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"The challenge that the FDA has is that they will be challenged by the tobacco industry, as they have been at every step of the way. [The FDA] tried to regulate e-cigarettes earlier, and they lost to the tobacco industry. … So the FDA has to balance moving quickly with moving in a way that’s going to be able to survive the tobacco industry’s highly paid legal challenge."

Moreover, these politicians - while callling for a ban on flavorings in fake cigarettes - are not calling for a similar ban on all flavorings in real cigarettes. They are not calling for a ban on the use of menthol cigarettes to addict kids. They are not calling on legislation to amend the Family Smoking Prevention and Tobacco Control Act to remove the menthol exemption. They are not calling upon the FDA to ban menthol.

The authors of this study make one of the most cardinal errors in all of epidemiology. They ignore the principle that "correlation does not equal causation."

If that sounds strange, I'll repeat it so that you realize this is accurate.

The FDA's Center for Tobacco Products simply does not have the capacity to review 22,000 new product applications. After all, it has taken more than 4 years for the agency to even begin to process the more than 3,500 substantial equivalence applications submitted by tobacco companies, and as of this date, there are still thousands of those applications pending. It is easy to see that the proposed deeming regulations would create a bureaucratic nightmare.


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