Recommendations to FDA for Implementation of Menthol Cigarette Ban

The United States Food and Drug Administration (FDA) recently proposed rules that would remove menthol cigarettes and flavored cigars from the market, a historic and long-awaited move that could prevent millions of premature deaths in the country. The Truth Initiative offers three recommendations to the FDA to guard against tobacco industry opposition as it implements these rules[1].

As the proposed rules undergo a public comment period, significant lobbying from the tobacco industry—which has fought menthol restrictions at the state and federal levels for years—is expected. For the final rules to be comprehensive and robust, the FDA must be careful not to undermine the scope of the measures and anticipate industry circumvention of the law. While the industry has made every effort to appear as a force for proposals and solutions to smoking, the evidence shows that it continues to oppose public health policies aimed at reducing smoking, including their implementation.

Preventing the appearance of new marks

The FDA's proposed rules are currently under review, which began on May 4. Following the European Union's ban on menthol in manufactured cigarettes and rolling tobacco, tobacco companies launched products that did not carry the label "menthol" but still contained significant amounts of it. France and in several EU countries, major tobacco manufacturers (Japan Tobacco International, British American Tobacco, Philip Morris) have developed a range of "Fresh" cigarettes that contain menthol residues. These products have the taste and smell of menthol, without containing the substance.

Block the marketing of “conceptual” flavors and flavored accessories

In the United States, some manufacturers have already tried to circumvent local restrictions on sales of flavored products by using “concept flavors.” These vague, non-characteristic descriptions on packages—such as Ice, Green, and Blue Mix—communicate a flavor profile without designating a specific flavor. In the EU, through product accessories such as flavor cards or flavored beads, the tobacco industry is trying to circumvent the market withdrawal of menthol cigarettes and rolling tobacco.

The FDA's proposed rules are stricter than the EU's restriction on flavored tobacco products because they also apply to components.

Do not allow any exceptions to the ban

When the 2009 US Tobacco Control Act banned the use of distinctive flavors in cigarettes but exempted menthol, there was an increase in youth use of menthol cigarettes. This suggested that a transfer effect had occurred with substitution between flavored tobacco products. Youth also switched to other flavored products, such as cigars.

To prevent such substitutions, Truth Initiative recommends that the FDA not grant any exceptions and promptly remove products that do not meet standards, ensuring that no new products are allowed on the market without going through the appropriate review processes.

Keywords: Menthol, FDA, cigarettes, flavors, Truth Initiative,

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