Abraham Jewett  |  October 25, 2023

Category: Legal News
Close up of a menthol cigarette pulled out of a cigarette box, representing the proposed menthol cigarette ban.
(Photo Credit: Razvan Stroie/Shutterstock)

FDA menthol cigarette ban proposal overview: 

  • Who: The U.S. Food and Drug Administration has sent a proposed ban on the sale of menthol cigarettes and flavored cigars to the White House’s Office of Management and Budget for review. 
  • Why: The FDA argues banning menthol-flavored cigarettes would significantly reduce tobacco-related diseases and deaths, including among African Americans and other minorities.
  • Where: A ban on menthol cigarettes would be nationwide. 

The U.S. Food and Drug Administration (FDA) has sent a proposed rule banning the sale of menthol cigarettes and flavored cigars to the White House’s Office of Management and Budget (OMB) for review. 

The FDA first announced the proposal last year as a way to prevent youth from being initiated into purchasing the tobacco products and to “significantly reduce” tobacco-related disease and death. 

The agency has also said it believes that tobacco flavors like menthol disproportionately impact minorities — and has pledged to do away with them — with the rules stop at the OMB the last in the regulatory process before the agency issues its final reviews, reports Law360. 

“Finalizing these two product standards remains a top priority for the FDA,” said Brian King, the director of the FDA’s tobacco center, in a statement, as reported by CNN

FDA estimates menthol cigarette ban would prevent 324,000 to 654,000 smoking-related deaths in next 40 years

The FDA estimates that banning the sale of menthol cigarettes would reduce smoking by 15% in the 40 years and prevent 324,000 to 654,000 smoking attributable deaths overall during the same time period. 

The avoidable smoking-related deaths include 92,000 to 238,000 African Americans, according to the agency, which said the rate of menthol cigarette smokers is particularly high among youth, young adults, and African American and other racial and ethnic minority groups. 

“The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” said Health and Human Services Secretary Xavier Becerra, in a statement made last year. 

While Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009, the law did not include menthol in a list of banned tobacco flavors, with lawmakers instructing the FDA at that time to research menthol, reports Law360. 

A class action lawsuit was filed against Walgreens last year over claims the company fails to warn its customers that menthol cigarettes it sells pose added health risks than the traditional non-menthol cigarettes it sells. 

Do you believe the FDA should ban the sale of menthol cigarettes and flavored cigars? Let us know in the comments! 


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47 thoughts onFDA sends proposed menthol cigarette ban to White House for review

  1. Marcia Marshall says:

    i’m 70 yrs old and i am ticked off,.. another loss of freedom………. gimme my salems!

  2. Larry R Hubert says:

    the gov tried to ban booze did it help

  3. Jose Vargas says:

    Parase corewcto

  4. Jose Vargas says:

    Muy dańinos

  5. Deborah says:

    No menthol should not be banned. Regular brands are a risk too. Also, if they ban menthol, it will be many people going through withdrawal at the same time. Cigarettes are 10 times more addicting than Crack cocaine. Can you imagine what the nation would go through. Talking about mentL health issues. Hmmm

  6. Chris Draus says:

    The US Constitution, does not grant The Federal Government, the power to regulate drugs.

    That power is granted to The States’ people.

  7. S.Lopez says:

    Menthol Cigarettes have been banned. Yet you can find Marijuana Dispensaries popping up all over the place. If the FDA is going to ban any and all flavored smoking products they why haven’t they banned the Marijuana flavored products or the Flavored Blunt Wraps? With names like “HoneyRoot Pineapple”, “Lemon Cherry Gelato” and “BlueBerry Blast”Ithat would be enticing to the younger generations to want to experiment. Rather than a pack of cigarettes that make your clothing smell and eventually turn your fingers yellow as well as your teeth. Bottom line the FDA need to remove the ban on Menthol Cigarettes, people are going to contunie to smoke and buy Menthols.

  8. Kelly says:

    Ppl that want to smoke are gonna smoke bottom line. I think we have more important things going on that they need to worry about!

  9. Marilyn O’Donnell says:

    I guess the food and drug has nothing better to do. Try going after the drug company making the Covid vaccine which has caused many deaths and diseases

  10. Porshe' says:

    Add me

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