Case 1:20-cv-00393-LO-TCB Document 1278-5 Filed 06/07/22 Page 1 of 3 PageID# 32914
`Case 1:20-cv-00393-LO-TCB Document 1278-5 Filed 06/07/22 Page 1 of 3 PagelD# 32914
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`EXHIBIT 5
`EXHIBIT 5
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`y4
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`Case 1:20-cv-00393-LO-TCB Document 1278-5 Filed 06/07/22 Page 2 of 3 PageID# 32915
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`Tobacco company Reynolds blames
`teen vaping crisis on Juul in fighting
`FDAplan to rein in e-cigarettes
`
`PUBLISHED THU, MAY 2 2019-1:00 PM EDT | UPDATED THU, MAY 2 2019-2:02 PM EDT
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`Angelica LaVito
`@IM/ANGELICALAVITO/
`SANGELICALAVITO
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`KEY
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`* Reynolds opposes the FDA's proposal to limit wherefruity e-cigarette flavors can be
`sold.
`
`* A unit of British American Tobacco, Reynolds says the FDA should focus instead on
`Juul.
`
`* Former FDA Commissioner Scott Gottlieb repeatedly blamed the teen vaping
`“epidemic” on Juul.
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`Nick Gregory, a 26-year-old manager, vapes on a JUUL at Botany Bay in Lexington, Ky.
`Charles Bertram| Tr ervice|Getty Images
`
`Tobacco company Reynoldsis fighting the Food and Drug Administration’s
`proposal to curb teen vaping, singling out one competitorit says the agency
`should rein in instead: e-cigarette maker Juul.
`
`The FDAin March proposedlimiting sales offruity e-cigarette flavors to
`websites, vape shops andotherretailers that impose age restrictions in
`response to federal data showing huge increases in teenagers vaping. The
`public comment period closed Tuesday. Reynolds, a unit of British American
`Tobacco, in its response said it opposes the plan.
`
`The “FDA hasalreadyidentified the main driver ofyouth interest: Juul,” said
`Reynolds, which makes Newportcigarettes and Vuse vapes. “As the agency's
`public statements confirm, underage users disproportionatelyprefer Juulto all
`other products. ... Armed with such knowledge, we believe the agencycan take
`appropriatelytailored steps to curb youth use.”
`
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`Case 1:20-cv-00393-LO-TCB Document 1278-5 Filed 06/07/22 Page 3 of 3 PageID# 32916
`Fos: GBA] Coianiésipher Foqnaryg meh at
`eRe VerDy
`“epidemic” on Juul, the clear market leader. The agencyis looking into Juul’s
`ctices and conducted a surprise inspection of its San Francisco
`
`headquarters in the fall.
`
`
`Yet faced with a surge in teen e-cigarette use, the FDA demandedplans from
`the top five e-cigarette manufacturers, including Reynolds, Altria and others.
`Forits part, Juul says categorywide action is the best wayto curb youth use.
`
`“Tris disappointing but not surprising to see a legacy tobacco company whose
`core business remains combustible cigarettes — the very product we intend to
`eliminate byoffering adult smokers an alternative — attempting to thwart the
`
`category-wide regulationthat’s needed,” Juul said in an emailed statement,
`addingthat it supports the FDA’s draft regulation as a “starting point.”
`
`Reynolds says the FDA’s plan to limit wherethe fruity flavors can be purchased
`will hurt adults who want to switch to e-cigarettes because they'll be harder to
`find and won’t curb teen use because minors can always get them from older
`friends.It also says thoserestrictions would overstep the FDA's legal authority.
`
`Instead, Reynolds wants the FDA to tamp downon“irresponsible” marketing.
`
`“At the end of the day, we are encouraging the FDA to use more appropriate
`regulatoryaction,” Dr. James Figlar, Reynolds’ executive vice president of
`research and development andscientific and regulatoryaffairs, said in an
`interview.
`
`Critics often point to Juul’s early ad campaigns, which featured youthful
`looking models and bright colors regulators said appealed to teens. Juul has
`said it regrets the ads and has since rolled out newadsthat feature older adults
`who share their stories of switching to the e-cigarette from cigarettes.
`
`Reynolds debuted a commercial for its Vuse Alto e-cigarette earlier this year.
`Vapor products are not subject to restrictions barring cigarette ads from
`television andradio.
`
`Juul and Marlboro cigarette maker Altria, which owns a 35% stake in Juul, have
`
`both said they support the agency’s proposal. Juul in Novemberstopped selling
`its fruity flavors to retailers, instead saying it would onlysell them directlyto
`consumers on its age-verified website.
`
`The FDAsaid in response to Reynolds’ letter that it “appreciates”all the
`comments that were submitted and will review them. The agencysaidit’s
`“committed to ensuring all tobacco products, including e-cigarettes, aren’t
`being marketed to, sold to or used by kids.”
`
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