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"Before the application deadline," Jones notes, "the FDA represented that long-term studies were likely unnecessary and that applicants had discretion to use [research on] 'products that consumers are most likely to consider[] interchangeable' when submitting 'comparative health risk data.'" In seeking approval for "flavored products (other than menthol)," the FDA told RJRV, it should submit evidence that the products "increase[d] the likelihood of complete switching among adult smokers relative to tobacco or menthol-flavored products." The FDA "never told RJRV that similar evidence would be required" for its menthol Vuse Vibe e-cigarettes, Jones notes

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