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This practice leaves room for error when stocking products, NACS said

While these categories are great to identify a tobaccos style and expected flavours, many blenders do not like to stick to them and they should only be treated as crude guide

Gerhart agrees with other critics that the smoking question is poorly worded, giving consumers too much leeway to fudge

Countering the Industry

The ACA allows employer insurance plans in the small-group marketplace to charge tobacco users up to 50 percent more for premiums the tobacco surcharge if the employer offers a tobacco cessation program in which the employee fails to participate