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Nikhil Nathwani, managing director at Philip Morris-owned Nicocigs Ltd., said the potential to attract illicit trade is a real concern, even though the current market is relatively small scale.

But an attorney for Keith Stoldt, who operated the Totem Pole Smoke Shop on the Tonawanda Seneca Indian Reservation in Basom, N.Y., and pleaded guilty this year to illegally acquiring $4.1 million in untaxed cigarettes, said the cases are complicated by centuries-old disputes over taxation and sovereignty

One small but important outcome of the FDAs action would be if an adult smoker were to use the information to switch entirely to the pouches, said Dr

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