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Defense lawyers say statements Juul and Altria made to the FDA or Congress cant be used against them as evidence of fraud because lobbying speech is protected by the First Amendment under the Noerr-Pennington Doctrine established by two Supreme Court decisions

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But the FDA says that e-cigarettes have not been scientifically studied, so the amount of nicotine or other potentially harmful chemicals that users inhale and other potential health risks of using e-cigarettes remain uncertain

There are currently no international standards for testing the content of heated tobacco products, leaving a grey area for how this information is ascertained and presented to consumers