However, the FDA emphasizes that they are illegal and unauthorized and that for the vast majority of unauthorized e-cigarettes on the market today, the pendency of an application does not create a legal safe harbor to sell that product. 9 This category of the vape market may account for tens of thousands of vape products under review
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Kerr AR, Warnakulasuriya S, Mighell AJ, Dietrich T, Nasser M, Rimal J, Jalil A, Bornstein MM, Nagao T, Fortune F, Hazarey VH, Reichart PA, Silverman S, Johnson NW
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For example, while flavors other than menthol in cigarettes have been prohibited since 2009, the only other products with any flavor restrictions are cartridge-based e-cigarettes, which can now only be sold in tobacco and menthol flavors