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Sixth, FDA delayed decisions on menthol-flavored e-cigarettes, citing unique considerations applicable to those products, [25] even though the data showed significant youth usage of menthol e-cigarettes, particularly in the wake of increased FDA enforcement activity against other flavors

California courts addressing similar age based prohibitions have sometimes found that reasonable mistake of age can provide a defense, while in other contexts strict liability applies regardless of the defendant's beliefs about age

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