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Why choose this approach now

The second recital states: " Desiring to further the objectives of GATT 1994." 30 The Appellate Body interpreted this recital to mean that "the TBT Agreement expands on existing GATT disciplines and emphasizes that the two Agreements should be interpreted in a coherent and consistent manner." 31 The fifth recital provides: " Desiring however to ensure that technical regulations and standards, and procedures for assessment of conformity with technical regulations and standards do not create unnecessary obstacles to international trade." 32 The Appellate Body observed that the fifth recital is "reflected in those TBT provisions that aim at reducing obstacles to international trade and that limit Members' right to regulate, for instance, by prohibiting discrimination against imported products (Article 2.1) or requiring that technical regulations be no more trade restrictive than necessary to fulfill a legitimate objective (Article 2.2)." 33 However, the fifth recital is qualified by the sixth recital, which states: Recognizing that no country should be prevented from taking measures necessary to ensure the quality of its exports, or for the protection of human, animal or plant life or health, of the environment, or for the prevention of deceptive practices, at the levels it considers appropriate, subject to the requirement that they are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or disguised restriction on international trade, and are otherwise in accordance with the provisions of this Agreement

Flavors are also playing a big role in the youth e-cigarette public health crisis 97% of youth who vape use flavored products and while the US Food and Drug Administration did issue a policy in January 2020, we believe the policy is deficient and leaves many loopholes

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