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.

Senator Blumenthal has clearly his position: "'I think flavors ought to be banned,' Blumenthal told U.S. News. It's 'completely disingenuous' to say adults are the primary users of popular flavor options, he said."

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