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Mitch Zeller, director of the FDA's Center for Tobacco Products, said the FDA "learned a lot" from that first attempt and "took the time through the research to get this right." "If we are sued after we issue a final rule, we strongly believe that this will hold up under any legal challenges under the First Amendment, under our statute or under administrative procedure," he said on a call with reporters

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On March 25, 1994, the Waxman subcommittee invited FDA Commissioner Kessler to testify at a hearing about nicotine levels and the need for regulation