Reaction to the FDA's ban on menthol and cigar flavors has been mixed

May 27, 2022 Leave a message

Recently announced plans by the Food and Drug Administration to ban menthol in cigarettes and take steps in cigars have drawn mixed reactions from stakeholders.

The Campaign for Tobacco-Free Kids welcomed the move. "By issuing today a proposed rule banning menthol cigarettes and all flavored cigars, FDA is taking historic and long overdue action to protect our nation's children, promote health equity and save lives, especially among Black Americans and others," the group wrote in a statement.

The Foundation for a Smoke-Free World (FSW), which is backed by Philip Morris International, said the FDA's move could be one of the most important actions to end the smoking epidemic in the US.

"African Americans disproportionately use menthol cigarettes, and banning their sale would help address the health disparities these products create," the group wrote in a statement.

"Tobacco product use is the leading cause of preventable death among African Americans in the United States, and menthol cigarette use rates are much higher than menthol use prevalence rates for other racial and ethnic groups. Modeling studies cited by the FDA show that smoking rates and smoking-related deaths in the United States would decline significantly if menthol cigarettes were no longer used."

While describing the menthol ban as an important step, FSFW stressed that adult smokers who are addicted to menthol cigarettes and can't or won't quit completely need support. "Mint-flavored harm reduction products (e-cigarettes, nicotine-replacement therapy gum, heated tobacco, and snuff) offer users alternatives to switching to non-menthol combustives or turning to the black market for menthol products," the group wrote.

"We firmly believe that there are more effective ways to reduce tobacco harm than banning menthol in cigarettes."

Kingsley Wheaton, chief marketing officer, British American Tobacco

Bat said it was reviewing the details of the proposed regulations and would continue to actively participate in the rulemaking process by submitting science-based comments to the FDA.

"We firmly believe that there are more effective ways to reduce tobacco harm than banning menthol in cigarettes," Kingsley Wheaton, BAT's chief marketing officer, said in a statement. "Evidence from other markets, including Canada and the European Union, where similar bans have been imposed, suggests a modest impact on overall cigarette consumption.

"Scientific evidence shows no difference in health risks from menthol cigarettes compared to non-menthol cigarettes and does not support adverse effects of menthol cigarettes on initiation, dependence or cessation. Therefore, we do not believe that published science supports different regulation of menthol cigarettes versus non-menthol cigarettes."

Meanwhile, 22nd Century said it supports the FDA's proposed Menthol ban, saying it expects its VLN Menthol King nicotine reduction cigarettes to be exempt from the FDA ban. On December 23, 2021, the FDA authorized the 22nd Century Group's VLN Menthol King brand to be sold under a modified risk statement.

In a press release announcing the decision, the FDA acknowledged its menthol program and noted:"In reaching today's decision [authorizing VLN's MRTP application], FDA considered the current legal status of menthol cigarettes and the available science demonstrating that these particular products are 'fit to protect public health' and can help addicted smokers reduce nicotine consumption and the number of cigarettes smoked per day," According to 24th Century Group.

"Removing menthol from highly addictive cigarettes is an important public health initiative by the FDA, and we welcome today's announcement," John Pritchard, vice president of regulatory Sciences at 22nd Century, said in a statement.

"At the same time, we recognize, as the FDA acknowledges, that many adults who continue to smoke highly addictive cigarettes after the FDA's final rule is implemented will need access to appropriately regulated alternatives. Our VLN products, including our recently licensed MRTP VLN Menthol King, are an example of such products, and we have and will continue to communicate to the FDA our views on the importance of MRTP products in fulfilling the FDA's public health mission."

Swisher, best known for its Swisher Sweets cigars, stressed that the FDA's April 28 announcement concerned only the proposed product standards and said it would continue business as usual. The company wrote in a press release: "FDA announcement (...) It's just a proposed rule that has to go through a lengthy comment and approval process before it goes into effect."