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The 2009 Family Smoking Prevention and Tobacco Control Act gives the agency the authority to establish tobacco product standards where appropriate for the protection of the public health, including provisions respecting the construction, components, ingredients, additives. By all appearances, that would allow the FDA to prohibit the use of certain flavorings, including menthol

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"Amongst college-age and young adults, nicotine use is going back up to incredibly high rateslargely due to vaping." The new policy enacted by the FDA has so far only authorized the sale of flavored products by one company, the Los Angeles-based Glas Inc., which will be allowed to sell vapes in flavors like mango and blueberry under names like "Gold" and "Sapphire." The FDA sought to assuage fears of underage use by pointing to the Glas' digital age-verification system, which requires the product to be connected to the Bluetooth of a phone owned by a person over the age of 21