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Reason
Reason
Politics
Jacob Sullum

These Memos Show That FDA Regulation of E-Cigarettes Is Driven by Dubious Value Judgments Rather Than Science

It has long been clear that the Food and Drug Administration (FDA) is leery of approving nicotine vaping products in flavors other than tobacco because the agency worries that they appeal to teenagers. Two recently disclosed FDA memos not only confirm that impression; they indicate that the agency is determined to ban all other flavors, no matter how popular they are among former smokers and no matter what evidence a manufacturer presents in favor of a particular product.

The memos came to light thanks to a lawsuit that Logic Technology filed against the FDA after the agency approved the marketing of the company's tobacco-flavored e-cigarettes but rejected applications for menthol-flavored versions. The documents show that higher-ups in the FDA overrode staff scientists who initially recommended approval of the latter applications.

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