“FDA Proposes Sweeping Restrictions on Menthol, Other Flavored Tobacco Products.” That should have been the headline when the FDA Center for Tobacco Products issued the final deeming rule last month. Newly released documents reveal that the FDA intended to boldly use its enforcement discretion to take newly-deemed products with any flavor other than tobacco off the market – including menthol. This would have included all flavored cigars and e-cigarette liquids.
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Update 5/20/2016 – Access an archived version of our May 19 webinar on the deeming rule, featuring the FDA's Mitch Zeller. Click to access.
Update 5/9/2016 – We have created two helpful resources to explain the practical applications of the FDA's new authority:
On January 5, 2016, The Public Health Law Center filed a friend-of-the court (amicus curiae) brief in support of New York City’s groundbreaking new rule requiring that fast food restaurants place salt shaker warning symbols next to menu items that are high in sodium. The brief, developed in collaboration with the Public Good Law Center and ChangeLab Solutions, was joined by a dozen other leading medical and public health organizations.
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