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They have the right lawyer (a former solicitor general), and they are clearly right that a flavor ban is a product standard, and only the FDA can issue product standards. I think the weakness in [the applicants] position, they continued, is that arguably this is simply an outright sales ban on a product (menthol cigarettes) that has not been authorized by the FDA, and the action could in theory be upheld on that ground. Photograph by Wil540 via Wikimedia Commons/Creative Commons 4.0 The Influence Foundation, which operates Filter , has received grants from Reynolds American, Inc

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