By this definition, it would be illegal to sell not only the e-liquids used in modular electronic cigarettes, but also the refill cartridges used in rechargeable electronic cigarettes. Thus, this legislation would remove from the market a huge chunk of the electronic cigarettes that are currently sold in New York State. Only disposable electronic cigarettes would remain, and it is unclear if even these would be allowed to be sold, since they do contain "a liquid composed of nicotine and other chemicals" that is "used in an electronic cigarette." Thus, it is conceivable that this legislation would ban the sale of all electronic cigarettes in the state of New York.

Under this provision, an electronic cigarette company cannot even inform consumers that the product does not produce smoke because such a claim would be considered a "reduced exposure" claim under the Tobacco Act.

The consensus, which was reached over the weekend, requires public corrective statements from the CDC, the Mayo Clinic, Dr. Stan Glantz, and the University of Kentucky Cancer Center.

The paper defends its ethical standards by arguing that it "was consistent with Facebook's Data Use Policy, to which all users agree prior to creating an account on Facebook, constituting informed consent for this research."

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