As a result of the decision, the FDA will not be able to rely upon the findings and conclusions of the TPSAC menthol report. In addition, the Court instructed the agency to reconstruct TPSAC by replacing any members who have conflicts of interest. Dr. Samet is the only current TPSAC member who appears to be implicated by this instruction.

Data published last week in the American Journal of Preventive Medicine suggest that the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) are doing an effective job of helping protect the cigarette industry. These data show that despite widespread marketing of electronic cigarettes, half of the adult public still thinks cigarettes are no more hazardous than the fake ones.

Another inexcusable conflict of interest is the fact that Mitch Zeller, the director of the FDA's Center for Tobacco Products and therefore the chief author of the proposed electronic cigarette regulations, came to the FDA directly from a consulting job with GlaxoSmithKline and therefore has a severe conflict of interest regarding the electronic cigarette issue.

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