The U.S. Food and Drug Administration (FDA) had proposed a ban on menthol cigarettes and flavored cigars in April 2022, citing their highly addictive nature and influence on youth smoking. However, a Jan. 21 filing from the Office of Information and Regulatory Affairs confirmed that the proposal has been withdrawn.
Menthol cigarettes, which make up one-third of the U.S. cigarette market, have been heavily criticized for their disproportionate impact on Black communities’ health.
Yolonda Richardson, CEO of the Campaign for Tobacco-Free Kids, expressed disappointment, stating, “It is more critical than ever for states and cities to take action to end the sale of menthol cigarettes and flavored tobacco products.”
The FDA had finalized the regulation in October 2023 and sent it to the White House’s Office of Management and Budget, awaiting approval from the Biden administration. However, the White House delayed the decision after holding meetings with civil rights groups, business owners, and law enforcement officials opposing the ban. The administration missed December 2023 and March 2024 deadlines for issuing a final ruling.
A ban could have resulted in billions of dollars in lost revenue for major tobacco companies like Altria and British American Tobacco (BAT).
Reynolds American, BAT’s U.S. subsidiary, argued that a ban would fuel an illicit market, similar to the unregulated disposable vape industry. Meanwhile, Altria declined to comment, and the FDA cited a temporary pause in public communications due to a leadership transition.
