Instead, as Altria Client Services, Lorillard, and AEMSA have all recommended, the FDA should scrap the requirement for pre-market review of electronic cigarettes, at least until the effective date of the final regulations. After that time, applications for new products would be required, unless they could show substantial equivalence compared to a product already on the market (as of the final regulation effective date).

New York State Senator Kemp Hannon has introduced that would ban most electronic cigarettes, including both the rechargeable and modular types, while keeping toxic tobacco cigarettes on the market.

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