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Circuit included a lengthy discussion of legislative history in an appendix to its decision, but did not rely on that discussion because the question whether the Commission can elaborate the meaning of Section 5s standard of illegality through rule-making as well as through case-by-case adjudication was not confronted straightforwardly and decisively in the history

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The broad range of e-cigarette devices and designs has resulted in regulatory challenges

It also said Juul never fully disclosed that their products contain dangerous chemicals

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