he Tobacco Control Act broadly defines a “tobacco product” to include substances that are derived from tobacco e.g., nicotine. However, products that only contain such tobacco derived substances should not be regulated in the same manner as products that contain tobacco per se e.g., cigarettes, smokeless tobacco and roll-your-own tobacco. Tobacco-containing products, especially those that are combusted cigarettes, are the most harmful and dangerous products on the “continuum of risk” and should be treated as such. On the other hand, electronic cigarettes and the e-liquid that is used in them do not contain any tobacco and are demonstrably less harmful than tobacco-containing products. In terms of the “public health” net population consideration, there is significant evidence that demonstrates that these products and especially the refillable e-cigarettes are overwhelmingly used by adults who have transitioned away from smoking cigarettes to “vaping”. There is little to no evidence that supports that these products are being used as a “gateway” to conventional, combustible cigarettes. Rather, they are being used as a “portal” away from smoking.