FDA proposes a ban on menthol cigarettes

The U.S. Food and Drug Administration is proposing a rule that would ban menthol cigarettes and possibly other flavored tobacco and vaping products. 

The goal is to discourage people, particularly minors, from becoming addicted to nicotine by banning the sale of flavors that appeal to them.

California and Massachusetts have already banned menthol cigarettes and most flavored tobacco products. Several other states have restricted flavored vaping products and some municipalities have adopted their own bans. In December 2022 the U.S. Supreme Court ruled against the tobacco industry that wanted to overturn California's ban. In February 2023 the Supreme Court declined to hear a challenge by the R.J. Reynolds Tobacco Company that argued only the federal government, not the states, had the legal authority to regulate tobacco products.

The National Cancer Institute said smoking accounts for about 30% of all cancer deaths in the U.S. Its goal is to reduce those deaths by at least 50% over the next 25 years. They said, "Tobacco manufacturers add menthol to cigarettes to provide users with a cooling sensation that masks the irritation and harshness of smoking… Menthol also interacts with nicotine in the brain to enhance the addictiveness of nicotine, making it harder for people to quit smoking."

Countries that have already banned menthol cigarettes include Brazil, Canada, Ethiopia, Moldova, Turkey, the European Union and the United Kingdom. There have been studies from many countries and the World Health Organization showing that smoking rates would decrease if there was a ban on menthol cigarettes. Priscilla Callahan-Lyon, M.D., senior science advisor in FDA’s Center for Tobacco Products said, "Evidence from menthol bans around the world informed FDA’s proposed rule."

To see the wording and to follow the progress of the FDA proposal, go to fda.gov and search for "FDA-2013-N-0227." The comment period is from March 10 to Sept. 6. Information about how to comment is at public-inspection.federalregister.gov/2022-08994.pdf

The Texas Legislature is proposing a similar ban with Senate bill 920. To see the proposed Texas legislation, go to capitol.texas.gov and search for "sb 920."