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The full panel ruled 10-6 in favor of the vape manufacturers, finding that the FDA, without notice to manufacturers, changed the evidentiary standards for review of PMTAs and that the FDA ignored the vape manufacturers marketing plans that the FDA previously characterized as critical

History is replete with examples of companies marketing light, low-tar, or natural cigarettes, like Natural American Spirits, in ways that have created misperceptions about them as lower-risk

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Jefferson is also a possibility if there is time