So I heard a year or two ago the WTO was thinking of suing the FDA for their ban on flavored cigarettes being obviously targeted towards imports to protect the US cigarette market since it exempted menthol. Now I don't know if they had a case or not or are still planning to do it but it got me wondering: Since the first SE application the FDA rejected was for bidis, could that be another similar case against the SE clause in general? The clause is obviously there to stifle any competition to BT anyway, so I wonder if that could get totally struck down with the right arguments, it being unfairly aimed at imports being one of them. Thoughts?
