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This is raised by an NGO that is funded by people I know from the industry. Their issue was to maintain an NGO speak about ethical standards in smoking and throw a wrench with the ruling.
So the last statement is a caveat to ensure these can be picked by the press and pushed forward.
It's a smart play, in saying do what you have to do, but you can't do this because you don't control it :-)
Saying the Nic does not come under drug control, this is not under their actions and it won't be easy to change that.
So this keep it in the limbo and the ban challenged, we have to read in between the lines.
Or atleast that how I look at it.
If I was an NGO, this would be a perfect way to say fu and still be pally pally, saying do your job right. The fact that this dude didn't k ow about this statement and says he will have to go back and check.
(All credits to Nilesh Jain from iVape.in)