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In 2026, the vaping industry continues to evolve, but there remains a significant demand for e-cigarettes that closely resemble traditional tobacco cigarettes

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Any assumed disclosure could cure deception with a simple explanation that the inherently misleading speech is a lie. [Again, both a good point about the unworkability of the current inherently misleading test under First Amendment doctrine and a good demonstration that the test isnt set up to judge tort claims.] However, the rest of the Central Hudson test can also be skipped, and the speech at issue banned outright, if the speech is in fact, misleading. The standard here is not that of a reasonable consumer, but a subjective standard

The law defines a flavored tobacco product as one that has a flavor, apart from the regular tobacco flavor