Reynolds and Lorillard, the second- and third-biggest U.S. cigarette makers, filed the complaint in February 2011. They sought an order to prevent the FDA from drawing on reports by the
tobacco Products Scientific Advisory Committee, including one on menthol in cigarettes.
Three of the eight committee members “have severe financial and appearance conflicts of interest and associated biases,” the companies said in their complaint. The three members serve as paid expert witnesses in lawsuits against the
tobacco industry and take money from drug companies that make nicotine-replacement products and other smoking-cessation aids, according to the complaint.
‘Similar Viewpoints’
The voting membership of the panel is “dominated by a clique of people with similar viewpoints on smokeless
tobacco and other matters, including matters on which they have jointly published articles, and thus does not reflect the diversity of views on tobacco-related issues among the members of the public- health and tobacco-control communities,” according to an amended complaint.
