This article examines the dynamics on the establishment of a health policy that U.S suddenly issued, so-called Family Smoking Prevention and Tobacco Control Act (FSPTCA). Some provisions of this act having something to do with trade were assumed controversial policy due to two reasons. First, it banned the circulations of specific flavors in cigarettes but allowed menthol-containing tobacco products. Second, this act involved tobacco industry participation on Tobacco Products Scientific Advisory Committee (TPSAC). In short, this article addresses interest groups consisting of tobacco companies and civil society groups influencing U.S government to take action regarding ratification of World Health Organization Framework Convention on Tobacco Control (WHO FCTC). They both have contradicting interests and race against each other to influence government through varied means. I argue that this opposing domestic dynamics influences U.S government to issue FSPTCA that contained two controversies and adopted provisions of WHO FCTC as win-win solution.