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Another factor to consider is the heating element

district court held that the FDA was placing too many restrictions on drug manufacturers speech about non-approved uses of their products, it explained that [t]his determination is based in large part upon the fact that there exist less-burdensome alternatives to this restriction on commercial speech

Nicotine Content vs Nicotine Yield Nicotine content refers to the total amount of nicotine present in a cigarette before it is smoked

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Finally, Congress could evade pressure from the cigarette industry and amend the Family Smoking Prevention and Tobacco Control Act to remove the FDA's authority to change nicotine levels