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The chain will continue not to sell electronic cigarettes because the FDA has not issued guidance on the safety of the devices, which emit a nicotine-infused vapor, said Mike DeAngelis, a CVS spokesman

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The FDA says "the rule's treatment of smoking cessation claims as generally suggestive of a therapeutic purpose means that products marketed with such claims would generally be regulated as medical products." It adds that disclaimers of therapeutic intent generally will not be sufficient to keep e-cigarettes out of that category