FDA says proposed rule banning menthol cigarettes is ‘top of our priorities’ despite delay

Key takeaways:

• The administration had estimated it would finalize the rule prohibiting the use of menthol in cigarettes by August 2023.
• Standards are expected “in the coming months,” according to the FDA.

By August 2023, the FDA was expected to have a finalized rule to prohibit menthol in cigarettes; however, no ruling has been issued.

The last update on the original April 2022 FDA press release discussing this rule proposal, posted on June 21, 2022, announced the extension of the comment period by 1 month to Aug. 2, 2022.

Notably, this standard for cigarettes was proposed alongside a standard to prohibit all flavors in cigars.

“The FDA is committed to issuing the tobacco product standards for menthol in cigarettes and flavored cigars in the coming months,” the FDA shared in a statement to Healio. “As we’ve made clear, these rules remain at the very top of our priorities.”

As Healio previously reported, the initial proposal notes that prohibiting menthol in cigarettes would lower the attractiveness of cigarettes and reduce the chances of cigarette smoking among teenagers and young adults.

According to the FDA statement provided to Healio, “Evidence shows that flavored tobacco products appeal to youth and also shows that youth may be more likely to initiate tobacco use with such products. Characterizing flavors in cigars, such as strawberry, grape, orange and cocoa, enhance taste and make these products easier to use.”

This standard is also expected to help lower tobacco-related health disparities that are most often experienced by Black individuals, but the delay is only prolonging these disparities, according to a statement from the AMA.

“Further delays will only cause more harm by allowing tobacco companies to continue marketing menthol cigarettes to Black people and harming Black youth,” Jesse M. Ehrenfeld, MD, MPH, president of the AMA, said in the statement, which overall expressed disappointment over the delay.

When asked about when the public can expect action on this issue, Healio was told the FDA will provide updates throughout the process.

“The government’s Unified Agenda lists regulatory actions being worked on and estimates for when they may be completed — these timelines are estimates and often change,” the FDA statement read. “Since publishing the proposed rules in April of 2022, the FDA has continued to work vigorously toward finalizing both product standards. We will continue to be as transparent as possible and provide updates on the status of these rules as they become available.”

The FDA statement also noted that the organization will consider all comments received from the public about the standard.

“Final regulations such as these go through an extensive rulemaking process, which includes receiving valuable input from the public,” the FDA statement to Healio continued. “For these rules, the FDA received more than 250,000 comments from the public. The FDA is working to publish the rules in a timely fashion while ensuring this input has been appropriately reviewed and addressed.”

References:

• AMA statement on FDA delaying rule banning menthol cigarettes. https://www.ama-assn.org/press-center/press-releases/ama-statement-fda-delaying-rule-banning-menthol-cigarettes. Published Sept. 1, 2023. Accessed Sept. 7, 2023.
• FDA proposes rules prohibiting menthol cigarettes and flavored cigars to prevent youth initiation, significantly reduce tobacco-related disease and death. https://www.fda.gov/news-events/press-announcements/fda-proposes-rules-prohibiting-menthol-cigarettes-and-flavored-cigars-prevent-youth-initiation. Last Updated June 27, 2022. Accessed Sept. 7, 2023.