Federal Menthol Ban & Flavored Cigar Proposals Fizzle Out
WASHINGTON, D.C. — The indefinite postponement of a federal ban on menthol and flavors in certain tobacco products appears to have become permanent.
Due to the new presidential administration, the U.S. Food & Drug Administration (FDA) has withdrawn two proposed rules that would ban the sale of menthol cigarettes and flavored cigars, reported the National Association of Tobacco Outlets.
The FDA first proposed two product standards, one to prohibit menthol as a characterizing flavor in cigarettes and the other to prohibit all characterizing flavors (other than tobacco) in cigars, in April 2022. The following year, the agency submitted a final product standard that would prohibit the use of menthol in cigarettes, roll-your-own tobacco and heated tobacco products to the White House Office of Management and Budget for final review.
In late 2023, following fierce opposition from trade groups and other critics, the Biden administration pushed the finalization of the ban back several months.
[Read more: FDA Seeks Public Comments on Proposal to Limit Nicotine Levels]
Finally, the rule was delayed indefinitely last April, with U.S. Health and Human Services Secretary Xavier Becerra noting that the proposal would "take significantly more time."
"This rule has garnered historic attention, and the public comment period has yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement," Becerra said. "It's clear that there are still more conversations to have, and that will take significantly more time."
NATO and NACS both opposed the menthol ban. According to NACS, prohibition does not rid these products from society but instead pushes current users to the illicit market, creating an issue for society as a whole and undermining the compliance efforts and investments made by responsible tobacco retailers. In addition, prohibition leads to an influx of these products on the illicit market and illicit sellers do not comply with laws limiting sales to minors.