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E-cigarettes, which have grown in popularity, were left out because their prices vary too widely

Section 1871(e)(1)(A) of the Act provides that a substantive change in regulations, manual instructions, interpretative rules, statements of policy, or guidelines of general applicability under Title XVIII of the Act may not apply retroactively unless the Secretary has determined that such retroactive application is necessary to comply with statutory requirements or that failure to apply such policies retroactively would be contrary to the public interest

Non-daily smokers who smoke over three packs a month are just as likely to still be smoking after 14 years as daily smokers, Professor Currow said