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While the argument around this is that plain packaging is the ultimate form an encumbrance, in its complete suppression, and the Article, mentioning a non-exhaustive list, could perhaps include plain packaging as an encumbrance under it

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They may also go away if the person stops using vape devices

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The FDA has authority to implement tobacco product standards based on a finding that those standards are appropriate for the protection of public health, said Bryan Haynes, a partner with Troutman Pepper