When the FDA appointed twelve members to the Tobacco Products Safety Advisory Committee to advise the commissioner on tobacco products, three members were fairly anti-smoking. They testified as expert witnesses in lawsuits against tobacco companies, for example, and worked with smoking-cessation companies.
After that committee issued an unfavorable report on menthol cigarettes, two tobacco companies sued, alleging that the three Committee members had unlawful conflicts of interest which would require the report to be invalidated. But those cigarette companies don't have standing to challenge to the Committee's makeup, the D.C. Circuit ruled last Friday, noting that the FDA had taken no action on the Committee's report.