FDA OKs first menthol e-cigarettes, citing potential to help adult smokers

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By MATTHEW PERRONE (AP Health Writer)

The Food and Drug Administration on Friday authorized the first menthol-flavored electronic cigarettes for adult smokers, the government’s strongest indication yet that vaping flavors can reduce the harms of traditional tobacco smoking.

The FDA said it authorized four menthol e-cigarettes from NJOY, the vaping brand recently acquired by tobacco giant Altria, which also makes Marlboro cigarettes.

The decision lends new credibility to vaping companies’ longstanding argument that their products can help blunt the toll of smoking, which is blamed for 480,000 U.S. deaths annually due to cancer, lung disease and heart disease.

But parent groups and anti-tobacco advocates are certain to be disappointed by the decision after years of pushing against the availability of flavors like menthol, which are more popular with teens.

All the e-cigarettes previously authorized by the FDA have been tobacco flavored, which isn’t widely used by young people who vape.

Altria’s data showed NJOY e-cigarettes helped smokers reduce their exposure to the harmful chemicals in traditional cigarettes, the FDA said. The agency stressed the products are neither safe nor “FDA approved,” and that people who don’t smoke shouldn’t use them.

Friday’s action is part of a sweeping FDA review intended to bring scientific scrutiny to the multibillion-dollar vaping market after years of regulatory delays. Currently the U.S. market includes thousands of fruit and candy flavored vapes that are technically illegal but have gone unregulated.

The FDA faces a court deadline at the end of this month to wrap up its yearslong review of major vaping brands, including rivals like Juul and Vuse.

All of those brands have been sold in the U.S. for years, awaiting FDA action on their scientific applications. To stay on the market, companies must show that their products provide an overall health benefit for smokers, without significantly appealing to kids.

“Based upon our rigorous scientific review, in this instance, the strength of evidence of benefits to adult smokers from completely switching to a less harmful product was sufficient to outweigh the risks to youth,” said Matthew Farrelly of FDA’s Center for Tobacco Products.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

The Supreme Court upholds a gun control law intended to protect domestic violence victims

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By MARK SHERMAN Associated Press

WASHINGTON (AP) — The Supreme Court on Friday upheld a federal gun control law that is intended to protect victims of domestic violence.

In their first Second Amendment case since they expanded gun rights in 2022, the justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners. The justices reversed a ruling from the federal appeals court in New Orleans that had struck down the law.

Chief Justice John Roberts, writing for the court, said the law uses “common sense” and applies only “after a judge determines that an individual poses a credible threat” of physical violence.

Justice Clarence Thomas, the author of the 2022 Bruen ruling in a New York case, dissented.

Last week, the court overturned a Trump-era ban on bump stocks, the rapid-fire gun accessories used in the deadliest mass shooting in modern U.S. history. The court ruled that the Justice Department exceeded its authority in imposing that ban.

Friday’s case stemmed directly from the Supreme Court’s Bruen decision in June 2022. A Texas man, Zackey Rahimi, was accused of hitting his girlfriend during an argument in a parking lot and later threatening to shoot her.

At arguments in November, some justices voiced concern that a ruling for Rahimi could also jeopardize the background check system that the Biden administration said has stopped more than 75,000 gun sales in the past 25 years based on domestic violence protective orders.

The case also had been closely watched for its potential to affect cases in which other gun ownership laws have been called into question, including in the high-profile prosecution of Hunter Biden. President Joe Biden’s son was convicted of lying on a form to buy a firearm while he was addicted to drugs. His lawyers have signaled they will appeal.

A decision to strike down the domestic violence gun law might have signaled the court’s skepticism of the other laws as well. But Friday’s decision did not suggest that the court would necessarily uphold those law either.

The justices could weigh in soon in one or more of those other cases.

Many of the gun law cases grow out of the Bruen decision. That high court ruling not only expanded Americans’ gun rights under the Constitution but also changed the way courts are supposed to evaluate restrictions on firearms.

Roberts turned to history in his opinion. “Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,” he wrote.

Rahimi’s case reached the Supreme Court after prosecutors appealed a ruling that threw out his conviction for possessing guns while subject to a restraining order.

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Rahimi was involved in five shootings over two months in and around Arlington, Texas, U.S. Circuit Judge Cory Wilson noted. When police identified Rahimi as a suspect in the shootings and showed up at his home with a search warrant, he admitted having guns in the house and being subject to a domestic violence restraining order that prohibited gun possession, Wilson wrote.

But even though Rahimi was hardly “a model citizen,” Wilson wrote, the law at issue could not be justified by looking to history. That’s the test Justice Thomas laid out in his opinion for the court in Bruen.

The appeals court initially upheld the conviction under a balancing test that included whether the restriction enhances public safety. But the panel reversed course after Bruen. At least one district court has upheld the law since the Bruen decision.

Advocates for domestic violence victims and gun control groups had called on the court to uphold the law.

Firearms are the most common weapon used in homicides of spouses, intimate partners, children or relatives in recent years, according to data from the federal Centers for Disease Control and Prevention. Guns were used in more than half, 57%, of those killings in 2020, a year that saw an overall increase in domestic violence during the coronavirus pandemic.

Seventy women a month, on average, are shot and killed by intimate partners, according to the gun control group Everytown for Gun Safety.

Gun rights groups backed Rahimi, arguing that the appeals court got it right when it looked at American history and found no restriction close enough to justify the gun ban.

Trump ally Bannon asks the Supreme Court to delay his 4-month prison sentence on contempt charges

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By LINDSAY WHITEHURST (Associated Press)

WASHINGTON (AP) — Steve Bannon, a longtime ally of former President Donald Trump, asked the Supreme Court on Friday to delay his prison sentence while he fights his convictions for defying a subpoena from the House committee that investigated the attack on U.S. Capitol.

The emergency application came after a federal appeals court panel rejected Bannon’s bid to avoid reporting to prison by July 1 to serve his four-month sentence. It was addressed to Chief Justice John Roberts, who oversees emergency appeals from courts in Washington, D.C.

The high court asked the Justice Department to respond to the request by Wednesday, days before the court is set to begin its summer recess. The court denied a similar request from another Trump aide shortly after receiving a response in March.

Bannon was convicted nearly two years ago of two counts of contempt of Congress: one for refusing to sit for a deposition with the Jan. 6 House Committee and the other for refusing to provide documents related to his involvement in Trump’s efforts to overturn his 2020 presidential election loss to Democrat Joe Biden.

Bannon has cast the case as politically motivated, and his attorney David Schoen has said the case raises “serious constitutional issues” that need to be examined by the Supreme Court.

If Bannon goes to prison next month, he will likely have to serve his full sentence before the high court has the chance to review those questions, since the court is due to take its summer recess at the end of June, attorney Trent McCotter wrote in his emergency application.

His lawyer says the former adviser didn’t ignore the subpoena but was still negotiating with the congressional committee when he was charged. His previous attorney told him that the subpoena was invalid because the Republican former president has asserted executive privilege and the committee would not allow a Trump lawyer in the room.

In court papers, Bannon’s lawyers also previously argued that there is a “strong public interest” in allowing him to remain free in the run-up to the 2024 election because Bannon is a top adviser to Trump’s campaign.

Bannon’s prison term has been delayed as he appealed. U.S. District Judge Carl Nichols ordered him to turn himself in after an appeals court panel upheld his contempt of Congress convictions.

A second Trump aide, trade adviser Peter Navarro, was also convicted of contempt of Congress. He reported to prison in March to serve his four-month sentence after the Supreme Court refused his bid to delay the sentence.

Courts have rejected his executive-privilege argument, finding Navarro couldn’t prove Trump had actually invoked it.

Bannon is also facing criminal charges in New York state court alleging he duped donors who gave money to build a wall along the U.S. southern border. Bannon has pleaded not guilty to money laundering, conspiracy, fraud and other charges, and that trial has been postponed until at least the end of September.

Newly named Washington Post editor decides not to take job after backlash

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NEW YORK (AP) — The Washington Post said Friday that newly named editor Robert Winnett has decided not to take the job and remain in Britain instead, another upheaval at a news outlet where a reorganization plan has gone disastrously wrong.

The Post’s CEO and publisher, Will Lewis, announced Winnett’s decision to withdraw in a note to staff on Friday morning, and said a recruitment firm would be hired to launch a search for a replacement immediately.

The financially struggling Post had announced Winnett would take over as editor of the core newsroom functions after November’s presidential election, while it was also setting up a “third newsroom” devoted to finding new ways for its journalism to make money.

Three weeks ago, then-executive editor Sally Buzbee said that she would quit rather than take a demotion to head this revenue-enhancement effort. Former Wall Street Journal editor Matt Murray was brought on as her interim replacement and future leader of the “third newsroom.”

Since then, several published reports had raised questions about the journalistic ethics of Lewis and Winnett stemming from their work in England. For example, both men worked together in a series of scoops about extravagant spending by British politicians fueled by information that they paid a data information company for — a practice frowned upon by American journalists.

The New York Times wrote that both Winnett and Lewis were involved in stories that appeared to be based on fraudulently-obtained phone and business records.

It sparked a newsroom revolt at The Post. David Maraniss, a two-time Pulitzer Prize winner who has worked at the newspaper for four decades, said this week that he didn’t know anyone there who thought the situation with the publisher and “supposed new editor” could stand.

“The body is rejecting the transfusion,” Maraniss wrote on Facebook.

Lewis, a former Wall Street Journal publisher and vice chairman of The Associated Press’ board of directors, started at The Post earlier this year, hired by billionaire owner Jeff Bezos to stem a costly exodus of readers. The Post had said it had lost $77 million last year.

In a memo to key staff members earlier this week, Bezos assured them that journalistic standards and ethics at the newspaper would not change. “I know you’ve already heard this from Will, but I wanted to also weigh in directly,” he wrote.

“To be sure, it can’t be business as usual at The Post,” Bezos wrote. “The world is evolving rapidly and we do need to change as a business.”

In his Facebook note, Maraniss said that the issue for staff members is integrity, not resistance to change. To that end, it remains to be seen whether Lewis can gain staff support.

Lewis said Friday that the recruitment firm and process for replacing Winnett will be announced soon. Winnett’s sudden hiring — without any indication of an extensive search — had also rankled staff members.

But Lewis also said that the reorganization efforts would continue.

Winnett is staying at the Telegraph in London. Telegraph editor Chris Evans told that newspaper that “he’s a talented chap, and their loss is our gain,” according to the Guardian.

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Associated Press correspondent Jill Lawless in London contributed to this report.

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