[1] TPSAC consists of 12 members, including a chairperson, all of whom are selected by the FDA commissioner from among experts in medicine, medical ethics, science and technology related to the manufacture and use of tobacco products.
[7] In February 2011, Lorillard and R.J. Reynolds filed a federal lawsuit to try to block the advisory committee action or force the FDA to disregard its advice, stating three of the eight panel members had financial conflicts of interest from legal and consulting work against tobacco companies.
[8][9] On July 21, 2014, U.S. District Court Judge Richard Leon (Washington, DC) ruled that "FDA erred in determining that the members didn't have conflicts of interest" and that the appointments were arbitrary and capricious.
[10] On March 18, 2011 the panel concluded that removing menthol cigarettes from the market would benefit public health in the United States, but stopped short of recommending that the FDA take any specific actions like restricting or banning the additive.
[11] The U.S. District Court decision from July 21, 2014 ruled that "Conflicts of interest — whether actual or perceived — undermine the public's confidence in the agency's decision-making process and render its final product suspect",[10] blocking the TPSAC report on menthol cigarettes from being used for regulatory purposes.