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Smoking being one of the lifestyle choices that can cause such mental health issues

(2) if Congress has not done so and the statute is silent or ambiguous with respect to the specific issue, is the agencys answer based on a permissible construction of the statute?24 Under Chevron step one, if Congress has spoken directly to the question at issue, then Chevron deference is not due and the Court must give effect to the unambiguously expressed intent of Congress.25 In this case, the Court examined both the FFDCA and other tobacco-related statutes, ultimately concluding that Congress had clearly intended to preclude the FDA from regulating tobacco