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Scott Gottlieb announced that the agency would soon begin the rulemaking process to ban menthol in cigarettes as part of the agencys Comprehensive Plan for Tobacco and Nicotine Regulation.[9] But in 2020, having still received no response from FDA, the citizen petitioners filed a federal lawsuit to compel the agency to respond to the eight-year-old petition alleging, in part, that FDAs failure to initiate the rulemaking process and prohibit menthol in cigarettes despite having sufficient evidence constituted an unreasonable delay of agency action under the Administrative Procedure Act
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