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Moreover, all ENDS that are legally on the market today are subject to FDAs enforcement compliance policy. While the FDA could not modify the statutes 2007 grandfather date, in the Deeming Rule, the agency established an enforcement compliance policy permitting non-grandfathered deemed products (including ENDS) on the market as of the effective date of the rule (August 8, 2016) to remain on the market for a certain amount of time until premarket applications became due

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