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Certain of these courts specifically noted that the plan documents/SPDs only referenced the removal of the tobacco surcharge on a prospective basis and were silent as to whether the surcharge would be removed for the entire plan year

"We respect the central role of the FDA and the required thorough science- and evidence-based review of our applications, which is key to advancing harm reduction and earning a license to operate," a Juul Labs spokesperson said in a statement to CNBC