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FDAs ability to manage products covered by OTC monographs is in need of enhancement, but the legislative changes being contemplated would not eliminate the biggest obstacle to issuing a monograph for ENDS

Such action would also coincide with Legal Opinion 2020-007 dated February 7, 2020 and issued by your office to the Missoula Mayor and Missoula City Council which concludes that pursuant to Section 16-11-311 of Montana Code Annotated, a local government may by ordinance adopt regulations that are no more stringent than the provisions of the Youth Access to Tobacco Products Control Act. Federal Law Pre-empts Local Ordinances that Would Ban Flavors in Tobacco Products In addition to the Montana state pre-emption, the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), the law that Congress passed authorizing the U.S