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No, vape vapour is not smoke, but alarms dont judge intent

Australia argued that its objective was to reduc[e] smoking rates in Australia by reducing the appeal of tobacco products, increasing the effectiveness of graphic health warnings, and reducing the ability of packages to mislead consumers about the harms of smoking.[7] The complainants attempted to define Australias objective narrowly as reducing smoking prevalence.[8] The panel found the objective to be related to the protection of human health, in particular to improve public health by reducing the use of, and exposure to, tobacco products.[9] The panel also found that Australias objective was legitimate.[10] Viewing Australias public health objective broadly was a pivotal decision that effected the panels other findings

But the data didnt care about my intuitions

Every case is unique as every persons body and smoking habits are different