Court Grants Delay in Lawsuit Challenging FDA's Mint Ban

According to Tobacco Reporter, on February 24, United States Federal District Judge Haywood S. Gilliam issued a two-page order granting a joint request from the government defendants and public health advocates to postpone the litigation proceedings until mid-August. The lawsuit, brought by anti-tobacco organizations, aims to challenge the U.S. FDA's decision to delay implementing a ban on mint-flavored cigarettes. The judge suspended the case in response to actions taken by the Trump administration.

Judge Haywood S. Gilliam of the Northern District Court of California has ordered a temporary halt to the proceedings between the African American Tobacco Control Leadership Council and the FDA. The case involves whether the FDA acted lawfully in delaying the final regulation proposed by the Biden administration to ban mint-flavored cigarettes from the market. Both parties jointly submitted a proposal to postpone the case on February 18. At the end of January, the FDA withdrew proposed rules regarding banning mint as a characteristic flavor in cigarettes and banning all characteristic flavors in cigars.

Troutman Pepper Locke law firm wrote in its tobacco law blog.

The recent repeal of the federal flavor ban clearly indicates that the Trump administration has taken a less aggressive stance on rulemaking than the Biden administration.

However, the reply from the Information and Regulatory Affairs Office did not provide detailed explanations for the withdrawal. Nevertheless, several comments submitted during the public comment period for each proposed rule have thoroughly outlined ample reasons for the withdrawal of the proposal.

Regarding the ban on mint cigarettes, industry insiders believe that despite proposed prohibition measures, consumer demand for mint cigarettes will lead to a widespread illicit market.