Understanding lessons from evali requires separating what is known about vaping from assumptions that are often made about these products. The modern U.S. regulatory history of e-cigarettes is relatively recent compared with the history of combustible tobacco. FDA initially attempted to regulate e-cigarettes under drug and device authorities, but litigation clarified that products made or derived from tobacco could instead be regulated under the agency's tobacco authorities unless marketed for therapeutic purposes. FDA's 2016 deeming rule then brought e-cigarettes and other ENDS under the tobacco regulatory framework. Subsequent years brought intense attention to youth use, disposable products, flavored products, and enforcement. This history explains why today's rules are layered rather than originating from a single law. A careful discussion should distinguish federal rules from state and local requirements and should distinguish established findings from questions that remain under study.
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