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The failure to meet this deadline is in essence potentially waving a little white flag on this rule because you have just significantly increased the chances that its not going to survive, said James Goodwin, a senior policy analyst with the Center for Progressive Reform who studies federal regulatory policy

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That cap technically complies with a federal law that bars the FDA from banning tobacco products or "requiring the reduction of nicotine yields of a tobacco product to zero." But the negligible amount of nicotine allowed under the rule would amount to both in practice

Drug and Alcohol Dependence 2009

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