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Regardless, the AHA considers e-cigarettes that do “contain nicotine to be tobacco products and therefore supports their regulation under existing laws relating to the use and marketing of tobacco products.” They suggest regulation in the areas of youth marketing, smoke-free air laws, and manufacturing, in order to make sure e-cigarettes don’t encourage nicotine use, which no matter what the delivery method, does present health dangers to its users.

However, the deeming regulations take away both the prospect of innovation and the incentive to introduce new products. Essentially, these regulations freeze the current market of electronic cigarettes, or at least of those electronic cigarettes which were most like the products already on the market in 2007.

Thus, if it had been the intent of Congress to eliminate this problem, Congress would have chosen to simply mandate the removal of these "light" products from the market. But Congress did not do that.

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