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Bryan Haynes, head of Troutman Pepper’s tobacco law practice, is quoted in the Bloomberg Law article, “Menthol Ban Opens Door for FDA to Flex Power Over Big Tobacco.”
The FDA “has authority to implement tobacco product standards based on a finding that those standards are appropriate for the protection of public health,” said Bryan Haynes, a partner with Troutman Pepper. That authority, however, is “not without limits,” he said.
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Haynes said that a question likely to come up during the comment period is whether FDA has provided an “appropriate off-ramp from combusted products to non-combusted products” for adult smokers.
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“When you already have a whole host of unauthorized products on the market that FDA is doing very little to nothing to take enforcement action against,” it drives concern that “with a menthol or flavored cigar ban that they’ll penalize responsible companies and drive this activity into the black market,” Haynes said.
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