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The National Association of Convenience Stores notes that the Family Smoking Prevention and Tobacco Control Act, the 2009 law that gave the FDA authority over tobacco products, says the agency may not "prohibit the sale of any tobacco product in face-to-face transactions by a specific category of retail outlets." But since the FDA has threatened to move up the deadline for approval of e-cigarettes or take flavored varieties off the market altogether, it has a lot of leverage to demand changes short of those actions

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Additionally, the Tobacco-21 law that raised the minimum age for purchasing tobacco in the U.S