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Unfortunately, the tobacco industry has repeatedly introduced products marketed as PMTA-exempt, exploiting loopholes in the Tobacco Control Act (TCA) and associated FDA regulations created by narrow or unclear statutory definitions of the terms nicotine and tobacco product

For examples and a current list of jurisdictions with flavored tobacco sales restrictions or ban in place see: States & Localities That Have Restricted the Sale of Flavored Tobacco Products, Campaign for Tobacco Free Kids Local restrictions on flavored tobacco and e-cigarette products, Truth Initiative US Sales Restrictions on Flavored Tobacco Products, Public Health Law Center Some jurisdictions have also passed policies that indirectly reduce the availability of flavored tobacco products

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These messages must be accompanied by color graphics showing the negative health consequences of smoking cigarettes