The Rest of the Story

Because products are substantially equivalent only if they pose no different issues of public health, and because flavorings can affect product efficacy and safety, it is probable that every different flavor of every different brand must submit a separate application. Thus, at a minimum, there are going to be at least 466 x 49 applications, or 22,834 required applications.

In fact, the American Cancer Society (ACS) has established a series of given in Dr. Terry's honor and memory. According to the ACS: "The Luther L. Terry Awards are presented triennially and in conjunction with the World Conference on Tobacco OR Health. These awards recognize outstanding worldwide achievement in the field of tobacco control. Awards are presented in six categories: Outstanding Individual Leadership, Outstanding Organization, Outstanding Research Contribution, Exemplary Leadership by a Government Ministry, Distinguished Career, and Outstanding Community Service. Named for the late United States Surgeon General Luther L. Terry, M.D., whose groundbreaking work established the foundation for public health scrutiny of the dangers of tobacco use, the Awards honor outstanding leadership and accomplishment, are synonymous with excellence, and signify that the recipients are among the very best in the world at what they do."

This is quite a twist, since usually Congress oversees the enforcement of laws. Here, Representatives Waxman, Harkin, and Welch are requesting that their state Attorneys General violate the law by illegally enforcing an invalid contract.

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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