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Although the courts have yet to write the final chapter on the FDAs review of flavored products, and eventual Supreme Court consideration is possible, Dobbins characterization of the court decisions as mixed does not accurately reflect the near-unanimous judicial endorsement of the FDAs application of the TCAs APPH standard to e-cigarettes

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For example, the Protect, Respect and Remedy framework and the Guiding Principles on Business and Human Rights, which were developed by the then-UN Special Representative on Business and Human Rights, John Ruggie, and endorsed by the UN Human Rights Council in 2008 and 2011, respectively, reflect the expectation that businesses should respect human rights, avoid complicity in abuses, and adequately remedy them if they occur