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and the only way FDA and the federal government could get the court to dismiss the case and avoid the significant risk of an adverse final ruling was to issue the proposed menthol rule.[32] Once the case was dismissed, however, the Biden Administration repeatedly delayed issuing any related final menthol rule and ultimately never issued one,[33] which prompted the plaintiffs to refile the underlying lawsuit, which is currently still pending.[34] Like the menthol lawsuit, a lawsuit to prompt a new nicotine-reduction rule would likely avoid being dismissed by the courts and could prompt a constructive settlement

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Examples: Marlboro Gold, Parliament Light, Winston Blue