United States: Menthol Ban Takes Form

On April 28, 2022, the U.S. Food and Drug Administration released a proposal to ban menthol cigarettes and flavored cigars, a year after the agency announced it was moving forward with the ban. While a ban on these products could take years to come, the FDA’s proposal has been welcomed by public health organizations.

Despite the overwhelming evidence of the health consequences of menthol in tobacco products, the issue of banning it had been stalled for nearly a decade. As early as 2013, several public health and tobacco control organizations petitioned the FDA to ban the use of menthol in cigarettes as a characterizing flavor. In 2020, the organizations filed a lawsuit to compel the agency to act on the petition, noting the FDA’s “unreasonable delay.” The election of Joe Biden, who had pledged to reduce health inequities in the country, made it easier This commitment from the FDA.

A probable delay of two years for an effective ban on menthol

The FDA proposal aims to reduce the appeal of cigarettes, particularly among adolescents and young adults, for whom menthol facilitates smoking initiation. Furthermore, given the additive and addictive properties of menthol, through its proposal, the American agency seeks to facilitate the cessation of tobacco for current smokers.[1]. Civil society and stakeholders now have sixty days to amend the FDA's proposal, which will decide whether or not to take these comments into account in drafting its final text. These new standards will come into force in the United States one year after their publication. Thus, the effective ban on menthol and cigar flavors could take two years to come into effect.

A historic breakthrough for U.S. public health

The various public health organizations have unanimously welcomed this new proposal from the FDA.[2]. For Dr. Rachel Villanueva, president of the National Medical Association, "if this ban is finalized, it should prevent future generations from becoming smokers, and should help smokers quit smoking." Furthermore, as Kelsey Romeo-Stuppy points out, menthol cigarettes are a "violation of the health of Americans, starting with the health of African Americans." In 2019, there were more than 18.5 million smokers of menthol tobacco products in the United States, with a particularly high prevalence among adolescents, young adults, and African Americans.

The latter are particularly affected by menthol products: 90% of smokers in this community consume menthol tobacco products, compared to 30% of white smokers. This situation is due to a targeting by the tobacco industry among this population, which results in an increase in health inequalities in the United States. As the FDA mentions, a ban on menthol products could have particularly positive consequences in terms of public health in the long term. Such a measure could thus reduce tobacco consumption by 15% in the country in 40 years, associated with a reduction of 324,000 to 654,000 deaths over the same period.

FT

[1] Food and Drug Administration (FDA), FDA Proposes Rules Prohibiting Menthol Cigarettes and Flavored Cigars to Prevent Youth Initiation, Significantly Reduce Tobacco-Related Disease and Death, 04/28/2022, (accessed 05/03/2022)

[2] Action on Smoking and Health (ASH), Joint statement from the plaintiffs on FDA's response in favor of banning menthol, 04/28/2022, (accessed 05/03/2022)