Second Lawsuit Filed Against FDA for Failing to Ban Menthol Cigarettes

Regulations by 2FIRSTS.ai
Apr.11.2024
Second Lawsuit Filed Against FDA for Failing to Ban Menthol Cigarettes
African American organizations sue FDA for delayed ban on menthol cigarettes, citing public health concerns.

According to a report from the Jacksonville Free Press on April 10th, the African American Tobacco Control Leadership Council (AATCLC), Action on Smoking and Health (ASH), and the National Medical Association (NMA) have filed a second lawsuit against the U.S. Food and Drug Administration (FDA) for failing to issue a final rule banning the sale of menthol cigarettes. This lawsuit comes more than seven months after the FDA's original deadline for the rule, and the delay in implementing a fair policy has now reached 15 years.

 

The first lawsuit occurred on June 17, 2020, with the aim of compelling the FDA to remove menthol cigarettes from the market based on previous findings to promote public health.

 

The lawsuit specifically requests the court to compel the FDA to decide whether to add menthol cigarettes to the list of prohibited characterizing flavors - a decision the FDA has been delaying since last year. This joint lawsuit by three organizations was initiated after the Public Health Law Center issued a citizen petition in 2013, calling on the FDA to ban the sale of menthol cigarettes.

 

ASH Executive Director Laurent Huber stated, "We are very disappointed to have to file a second lawsuit against the FDA to support the protection of Americans from the harms of menthol cigarettes. FDA's own research confirms that a menthol ban can save lives, and there is no scientific reason to delay the finalization of this rule.

 

In 2011, the FDA's own Scientific Advisory Committee concluded that "removing menthol cigarettes from the market would benefit public health in the United States.

 

After being sued for the first time, the FDA has decided to add menthol cigarettes to the list of banned characterizing flavors in cigarettes. In order to initiate this regulatory process, the FDA has released a proposed rulemaking notice to ban the sale of menthol cigarettes in the market. In response to this action by the FDA, the plaintiffs voluntarily dismissed their initial lawsuit.

 

However, three years later, the FDA has not taken the final steps to formally promulgate and publish this proposed regulation. The FDA was initially scheduled to release the rule in August 2023, but has now inexplicably delayed it.

 

Yolanda Lawson, President of the NMA, expressed deep concerns about the continued delay in the FDA's final decision on banning menthol cigarettes. She stated, "Our patients, more than any other group, suffer from disabilities and premature death due to the ongoing use of these cigarettes.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

How Many Nicotine Pouch Factories Does Europe Need? 2Firsts Interviews AIRSCREAM on the OEM Market
How Many Nicotine Pouch Factories Does Europe Need? 2Firsts Interviews AIRSCREAM on the OEM Market
At InterTabac 2026, nicotine pouch growth was visible not only in brands but across equipment, raw materials and OEM manufacturing. 2Firsts interviewed AIRSCREAM commercial head Steve Moore on how many pouch factories Europe may ultimately need and where manufacturers can differentiate, from formulation and flavour to pouch materials, production consistency and customer service. The category continues to expand, but questions remain over future capacity, consolidation and the long-term structure of the supply chain.
Sep.18
2Firsts On-Site | CTIHK Showcases Nicotine Pouches, Heated Tobacco and Chinese Cigars at InterTabac 2026
2Firsts On-Site | CTIHK Showcases Nicotine Pouches, Heated Tobacco and Chinese Cigars at InterTabac 2026
At InterTabac 2026 in Dortmund, China Tobacco International (HK) Company Limited (CTIHK) is exhibiting across two separate booths in Hall 5 and Hall 4. Products observed by 2Firsts include heated tobacco products, nicotine pouches, Chinese cigars and tobacco leaf. Nicotine pouch products on display include TOOP, Shuangxi and Ashima.
Market
Sep.16
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
Philip Morris International is expanding its U.S. ZYN nicotine pouch portfolio with new 1.5 mg and 8 mg strengths and plans to move its core 3 mg and 6 mg dry-pouch products from 15 to 20 pouches per can in the fourth quarter of 2026. ZYN ULTRA is also commercially available, with FDA authorization covering 10 products at 9 mg and one 11 mg Smooth product. PMI U.S. lists the new 1.5 mg and 8 mg strengths as commercially available, but as of September 10 they do not appear on the FDA’s public authorization list. Public materials do not identify which PMTA submissions cover the two new strengths or their current review status.
Sep.11
PMI Launches Fourth IQOS Convenience-Store Discount of 2026 for Black Friday in Japan, Cutting ILUMA i ONE to About $19 After Ploom AURA Fell to About $9
PMI Launches Fourth IQOS Convenience-Store Discount of 2026 for Black Friday in Japan, Cutting ILUMA i ONE to About $19 After Ploom AURA Fell to About $9
Philip Morris Japan launched its fourth confirmed nationwide convenience-store discount campaign for IQOS ILUMA i devices in 2026 on October 26, cutting three models by as much as ¥2,000, or about $12.70. The campaign began one day after JT ended a promotion that reduced Ploom AURA to ¥1,480, or about $9.40. JT says Ploom's share of Japan's heated-products category rose from 10.9% in January 2024 to 18.3% in June 2026, a gain of 7.4 percentage points, while PMI says IQOS still held about 68% category share in the third quarter. At the same time, Japan's two-stage heated-tobacco tax adjustment has pushed stick prices higher, leaving device discounts as an increasingly important tool for lowering the upfront cost of customer acquisition.
Market
Oct.28
Special Report | From Oversupply to Supply Gaps: Global Tobacco Leaf Markets Diverge Ahead of 2027
Special Report | From Oversupply to Supply Gaps: Global Tobacco Leaf Markets Diverge Ahead of 2027
Global tobacco leaf markets diverged sharply in 2026, with India cutting authorised FCV production amid oversupply while Malawi faced a supply shortfall. U.S. demand improved in some leaf categories, but growers in Brazil, Colombia, Tanzania and Zimbabwe faced pressure from prices, buyer access, costs and weather. With nicotine consumption patterns also shifting, 2027 will test whether supply, demand and grower profitability can move back toward balance.
Oct.26
UK Vape Duty Starts in October as Hayati, DOJO and Others Launch Lower-Capacity Products With Lower Per-Unit Tax
UK Vape Duty Starts in October as Hayati, DOJO and Others Launch Lower-Capacity Products With Lower Per-Unit Tax
The UK's Vaping Products Duty will take effect on October 1, 2026, at a flat rate of £2.20 per 10ml of vaping liquid. Ahead of implementation, DOJO, PIXL and Hayati have introduced or been reported to be adding lower-capacity tiers alongside larger products. DOJO has added a 6ml BLAST7K Fresh below its 10ml BLAST10K Fresh, PIXL offers both a 12ml 8000 and a 6ml 5K, while retailer Ninja Vapes says Hayati is preparing a 7ml 4K alongside its existing 12ml 6K. The pattern points to a growing lower-capacity tier in the UK market, although the brands have not all explicitly linked the changes to the new duty.
Sep.23