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.

The most telling point is Dr. Glantz's opposition to legislation that classifies electronic cigarettes as being separate from tobacco products. The electronic cigarette associations have been lobbying local and state governments not to classify e-cigarettes as tobacco products. This makes perfect sense because they are not tobacco products. They contain no tobacco. They are orders of magnitude safer than cigarettes and should not be treated in the same category for regulatory purposes.

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