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Under the FFDCA, the FDA is authorized to regulate products that constitute a combination of a drug, device, or biologic product.8 The agency has interpreted this provision as giving it the discretion to regulate combination products as drugs, as devices, or as biologic products.9 In its final rule, the FDA chose to regulate tobacco products under the device provisions of the FFDCA because they offer the agency greater regulatory flexibility than do the drug provisions of the act.10 The device authorities of the act present a range of regulatory controls that apply to all devices

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"Menthol cigarettes and flavored cigars are the main vectors of those diseases in the Black and brown communities, and have been for a long time." In 2020, Gardiner's group and several others sued to compel the FDA to make a decision on a ban