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I'm not really sure how to feel about this sort of criticism because you could apply it to basically any court case. The goal for any defendant/prosecutor isn't to have a believable case it's to have a legally sufficient one.

Vaping has been infesting schools long enough to see some consequences. Yet aside from shrill parents calling it trashy every time there's been health consequences that matter it's the kid with a pre-existing condition or the one who shotgunned seven juuls at the same time.