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the agency wasnt able to regulate tobacco much until 2009, when Congress enacted the Tobacco Control Act

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The FDA "recognizes concerns related to how state and local law enforcement may enforce their own laws in a manner that may impact equity and community safety, particularly for underserved and underrepresented communities." Its solution is to request public comment on "policy considerations related to the potential racial and social justice implications of the proposed product standards." The case of Eric Garner, who was killed by New York City police in 2014 during an arrest for selling untaxed cigarettes, gives you some idea of what the menthol ban will mean in practice

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Choosing the right tobacco is one of the most important decisions in this process