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If you are found in violation of FDA rules and regulations, your product will be considered "misbranded" and/or "adulterated," making it illegal to sell or distribute the product in interstate commerce and to import the product into the United States

In this study, 31% of subjects with measurable cotinine and 53% of subjects with measurable nicotine levels did not report exposure, suggesting that efforts by the smokers lobby to categorize current legislation as exaggerated or overreaching may be misguided or unfounded

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Here is a plausible starting point: Define a certain threshold of emission-intensity that qualifies the good or service for the ban