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Plan around the law as it exists

They cannot be considered to fall under the Tobacco Products Control Act because they do not contain tobacco. However, Gray said that because no clear regulatory action has been taken regarding electronic cigarettes, this scheduling stipulation is clearly not being applied with any vigour

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Vaping: e-Cigarette and Marijuana Vape RisksVaping or e-cigarettes are smokable products that use refillable or replaceable cartridges or containers that contain a liquid composed of nicotine, chemical flavors, and other compounds

Bush administration when Congress enacted the Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act, whose Synar Amendment forced states to create their own laws to have a minimum age of 18 to purchase tobacco or else lose funding from the Substance Abuse and Mental Health Services Administration