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"The agency will continue to review product submissions and exercise it's legal authority and consumer protection duty to remove products from the market when they fail to meet the public health bar set forth under law." Congress gave the FDA authority to regulate cigarettes for the first time in 2009

We therefore see (refer to footnote in shut Yechaveh Daas 2:17 at length) that, at least according to the Pri Chadash, smoking is not a simple hanaah (pleasure) but falls under the halachic rubric of eating and drinking

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3 Menthol cigarettes are slowing the reductions in overall cigarette smoking rates
