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Tobacco product does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. The bill further explains, The legislature also finds that a prohibition based on a persons date of birth is fair to everyonethose who have not yet attained the age of twenty-one and cannot presently purchase tobacco will never be able to buy it, while the right to purchase tobacco will remain available to those who are legally permitted to do so and who may have already formed addictive habits as a result.

Governments can and do restrict rights to possess and use dangerous items

When taxes make a pack of cigarettes $12, the manufacturer might offer a $1.00 off loyalty promotion

Smokeless doesnt mean that its harmless

[1] Illicit cigarette trade activities fall under 3 categories: Contraband : cigarettes smuggled from abroad without domestic duty paid

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