1 Christopher K. Leung (SBN 210325) Leung Law PLLC

This despite the fact that the FDA’s own 10 Tobacco Products Scientific Advisory Committee had recommended removing menthol 11 cigarettes from the market to protect the public health in 2011; the FDA’s own peer-reviewed 12 examination of the scientific literature concerning menthol in 2013, which confirmed and 13 otherwise bolstered the Advisory Committee’s earlier work; the FDA’s funding of three. [...] Its work includes educating the 18 public about the effects of tobacco on these populations, and the need to regulate flavored 19 tobacco products, including menthol cigarettes; shaping the national discussion and direction of 20 tobacco control policy, practices, and priorities; and elevating the regulation of mentholated and 21 other flavored tobacco products at the local, state, and federal lev. [...] The Defendants’ ongoing refusal to ban menthol in combustible cigarettes makes 20 the AATCLC’s work more difficult, and forces the AATCLC to continue devoting resources and 21 efforts to educate the public about the dangers of menthol cigarettes. [...] As the nation’s only organization devoted to the needs of African American 27 physicians, health professionals, and their patients, the NMA serves as the conscience of the 28 medical profession in the ongoing fight to eliminate health disparities in the nation’s health care Complaint, Case No. [...] “Immediately upon” this Committee’s establishment, 22 the Tobacco Control Act directed the Secretary to refer to the Committee for report and 23 recommendation “the issue of the impact of the use of menthol in cigarettes on the public health, 24 including such use among children, African-Americans, Hispanics, and other racial and ethnic 25 minorities.” Id.