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The killer blow was an FDA ban in 1987 deeming it an unproven drug delivery system because the nicotine had been removed from tobacco

Changes in bronchial epithelium in relation to cigarette smoking and its relation to lung cancer

PMID 30194085

the approach, including marketing and branding concerns, the dynamics of the retail environment, environmental considerations, and legal requirements

27.3 The parties agree that, if the whole or any part of any one or more provisions is judged invalid or unenforceable, that portion will be deemed to be deleted and will not affect the validity or enforceability of the remaining provisions

McConnell, who is up for reelection next year, made clear he wanted to pass a bipartisan bill to curb smoking and vaping among youth in his state