US Bans Menthol Cigarettes

Public health won an important victory in the United States on Thursday, April 29, 2021. After a long fight to ban menthol in tobacco products, the Food and Drug Administration has delivered its verdict: it is banning menthol cigarettes and all cigar flavors nationwide. A decision welcomed by all the organizations that have supported this measure in recent years.

On April 29, 2021, the Food and Drug Administration (FDA) decided to ban menthol cigarettes and flavored cigars.[1]. The announcement is just the first step in a lengthy regulatory process to remove the affected products from the market. The regulatory agency, however, stopped short of including menthol flavors for e-cigarettes.

Efforts to enact a federal ban on menthol have stalled for years despite growing awareness of its dangers and role in smoking prevalence.

The FDA was approached via a lawsuit filed by several medical and public health organizations that denounced its inaction on this issue. Already in April 2013, the organizations had filed a petition with the FDA calling on it to ban menthol as a characteristic flavor in cigarettes. In June 2020, the organizations filed a proceeding to compel the agency to rule and respond to this petition. The plaintiffs claimed that the FDA’s failure to take action on menthol cigarettes constituted an “unreasonable delay” that went against its mission to regulate tobacco products.

A social and political context favorable to the ban

Faced with the federal agency’s inaction, health stakeholders had tried to work at the local level. Several Democratic elected officials and politicians in major American cities had taken up the issue and had already banned the sale of menthol tobacco products locally. The election of Joe Biden in November 2020 had revived the possibility of a possible federal ban. The president had repeatedly said he wanted to reduce the health disparities made glaringly evident by the coronavirus pandemic and the efforts of the Black Lives Matter movement. A few days before this decision, nearly 100 organizations around the world had asked the United Nations[2] to address the adverse health effects of menthol cigarettes on African Americans as a human rights issue. The request increased pressure on the U.S. government to ban menthol-flavored tobacco products.

A historic victory for public health

This menthol ban is a milestone in tobacco control history. There is ample evidence that such a measure could prevent smoking and the premature death of 45,000 African Americans each year from tobacco-related diseases in the country. Nearly 9 in 10 (88.5%) African Americans aged 12 and older smoke menthol cigarettes. This ban will also help alleviate some of the health disparities they face.

The effectiveness of banning menthol in tobacco products

The report submitted to the United Nations states that 67% of the overall health disparities in mortality among African-American men are related to the high prevalence of smoking and that if menthol cigarettes were banned nationwide, 44.5% of African-Americans who smoke menthol cigarettes would try to quit. A previous study indicated that menthol cigarettes had the effect of slowing the decline in smoking prevalence in the United States. These cigarettes induced the consumption of 10.1 million additional smokers and caused 378,000 premature deaths between 1980 and 2018.[3].

Banning menthol is a proven life-saving measure. Data from Canada show that banning menthol cigarettes increased the number of quit attempts. It is also associated with an increased chance of quitting and a reduced risk of relapse among former smokers.[4].

The FDA's decision could pave the way for other countries to follow suit, as Canada, Brazil, Ethiopia and the European Union have done previously.

Keywords: United States, Menthol, Public Health, Menthol Ban Photo credit: ©Action for Smoking and Health FDA moves to ban menthol cigarettes (english) ©Generation Without Tobacco

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[1] Erika Edwards, A 'historic, lifesaving step': FDA moves to ban menthol cigarettes and flavored cigars, NBC news, April 29, 2021, accessed the same day [2] Tobacco Free Generation, Associations call on the United Nations to look into the issue of menthol, April 27, 2021, accessed April 29, 2021 [3] Tobacco Free Generation, Menthol: 10 million additional smokers in the United States, March 1, 2021, accessed April 29, 2021 [4] Tobacco Free Generation, The benefits of banning menthol cigarettes in Canada, April 8, 2021, accessed April 29, 2021 National Committee Against Smoking |