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This was defined based on the responses (yes vs no) to primary, secondary and both caregivers reporting being a smoker at both Waves 1 and 2 against teenager substance use at Wave 3

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This lack of tangibility makes it a difficult public health threat to communicate and motivate action against

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The board is likely to view the risk from the case as manageable, due to the very high probability of any initial class certification being overturned on immediate appeal to the Second Circuit Court of Appeals, and an overall litigation environment that is far better than in the past, he said.