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"These extreme measures were not listed in the 2020 Guidance." In addition to contradicting its prior advice to manufacturers, the 5th Circuit says, "the FDA did not adequately address RJRV's evidence that substantial health benefits would accrue to adult and youth cigarette smokers alike who switched to menthol Vuse, while popularity among youth would remain low overall." Internal memos that came to light as a result of a separate but similar lawsuit by Logic Technology show that the Office of Science at the FDA's Center for Tobacco Products (CTR) initially agreed with that assessment but reversed its position after Brian King, who succeeded Mitch Zeller as the CTR's director in July 2022, objected

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Without limiting the generality of the foregoing reservations regarding the condition of items being auctioned, the following additional reservations apply to specific categories of items being auctioned: Estimated weights and measurements: Weights in catalogue description have been estimated through measurement and are to be used as approximate guidelines and not relied on as exact