FDA Grand Rounds: Prohibiting Menthol in Tobacco Products

On January 12, 2023 at 12:00 Eastern Time, the FDA held an online seminar open to the public regarding the proposed ban on menthol cigarettes. The seminar was called "FDA Grand Rounds: The Scientific Basis of Proposed Tobacco Product Standards to Prohibit Menthol as a Characterizing Flavor in Cigarettes and Flavors in Cigars." The purpose of the seminar was to discuss the scientific reasoning behind the proposal for a ban on menthol flavoring in tobacco products.

The 2FIRSTS staff participated in this lecture through online means and compiled the key information below based on the conference content.

Bridget Ambrose, director of the Population Health Sciences Division at the FDA's Center for Tobacco Products Science Office, served as a spokesperson. She explained the scientific reasoning behind the FDA's proposed ban on menthol-flavored cigarettes in several ways:

FDA Lecture Presentation Source: FDA

The contents of this page's PPT are as follows in standard journalistic English:

The health problems caused by smoking and the role of flavoring in tobacco products, specifically the use of menthol in cigarettes and cigars, are topics currently under scientific study and peer review by the FDA.

Bridget Ambrose believes that adding flavors to cigarettes can enhance the smoking experience and increase the appeal of cigarettes to users, thereby encouraging people, especially teenagers, to smoke. She cited several research papers to support her viewpoint.

Source: FDA

Therefore, on April 28, 2022, the FDA introduced two draft proposals concerning the prohibition of menthol additives in cigarettes and cigars. Ambrose stated that some regions have already banned the sale of flavored and menthol-flavored cigarettes (as seen in the image below, and detailed in 2FIRSTS reports).

Source: FDA

In addition, Ambrose presented peer-reviewed findings to demonstrate the scientific validity of the FDA's research and stated that banning menthol would be beneficial for smokers who want to quit.

How will the ban on menthol cigarettes impact the tobacco market in the United States?

The United States Tobacco Control Act was first proposed in 2009, granting the FDA the authority to regulate tobacco products at the federal level. The recent proposal to ban menthol cigarettes is the latest development in the US's tobacco control efforts, with even stricter regulations than the previously imposed flavor bans.

Back in 2009, when the Tobacco Control Act was introduced, the FDA announced a ban on flavored cigarettes, including mint, but not menthol. This is because mint flavor is one of the tobacco flavors, while menthol is a natural extract from mint. Menthol-added cigarettes provide a cooling sensation but do not alter the taste. This is the difference between mint flavor and menthol. Therefore, by banning menthol, cigarette appeal is further limited.

The mint-flavored vaping ban that took effect in April 2022 did not include e-cigarettes. However, it has been reported that the FDA has rejected some pre-market tobacco product applications (PMTAs) for mint-flavored e-cigarettes. The e-cigarette manufacturers have appealed to the federal court in the United States, but the outcome of the appeal is currently unknown.

It’s worth noting that the power of each state in the United States is immense, and therefore the enforcement power of the FDA cannot reach each state. In fact, as of now, most states in the United States still allow the sale of flavored cigarettes and e-cigarettes, with only Washington D.C., Massachusetts, and California implementing a statewide ban on flavored tobacco. If flavored e-cigarettes are included, New York, New Jersey, and Rhode Island can also be added to the list. In addition, some cities and counties have implemented similar bans, such as Philadelphia, the capital of Pennsylvania, and Chicago, the largest city in Illinois.

Minnesota or Maine may become the next state to pass a flavored tobacco ban, following the progression of similar policies in other states. As two deep blue states, their policy approach aligns closely with California, where numerous cities and counties have already enacted flavor bans. Additionally, Minnesota currently holds the highest wholesale tax rate on e-cigarettes at 95%, making it a state to potentially avoid when strategizing market expansion.