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In addition to capitalising on new technologies, the expansion in the number of new consumer nicotine products has been driven by the recognition that harm reduction may be a viable strategy for those who cannot or will not quit smoking combusted tobacco 19

The court went on to hold that, even if it believed that FTC action "short of formal rulemakingincluding consent orders[could] implicitly preempt state law in some cases," it did not think that this was one of those instances, because "the plaintiffs' state-law claims do not pose a threat to any federal regulatory objectives in the FTC's approach to tar and nicotine claims in cigarette advertising." 67 The court said it could not "discern a coherent federal policy on low-tar claims, let alone one driven by the sort of 'important means-related federal objectives' necessary to preempt conflicting state law." Thus, the court determined that the plaintiffs' claims were not impliedly preempted

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