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66 A new tobacco product that has been modified from a legally marketed tobacco product by either adding or removing a tobacco additive, or by increasing or decreasing the quantity of an existing tobacco additive, may be exempt from demonstrating substantial equivalence

On November 24, 2025, Gibbs emailed a "Statewide poll working group" inviting them to help "formulate a statewide voter poll on messaging around endgame policies." The group included three CDPH employees: Lautsch, Valenzuela, and Tonia Hagaman, alongside American Heart Association staff and Rachael Record, a San Diego State University professor whose published research explicitly aimed to develop community-specific messaging strategies to build support for tobacco prohibition

That means the company will not be able to sell iQOS in the United States until the FDA rules on these applications

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