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

On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
FDA’s Center for Tobacco Products detailed new PMTA review data and process changes at the 2026 FDLI conference. Pending PMTAs fell from about 450,000 at the start of 2025 to 135,000 by September 2026. CTP also discussed its 180-day review goal, current sPMTA pilot, alternate-supplier planning, more than 50,300 pending SE reports, and lessons from the nicotine pouch pilot already being applied to ENDS review.
Regulations
Oct.07
Product | PIXL Adds 6ml PIXL 5K in UK Alongside 12ml PIXL 8000 as Vape Duty Takes Effect
Product | PIXL Adds 6ml PIXL 5K in UK Alongside 12ml PIXL 8000 as Vape Duty Takes Effect
Vaping brand PIXL has introduced the PIXL 5K reusable prefilled pod device in the UK, featuring a 2ml prefilled pod and a 4ml refill container with a combined e-liquid capacity of 6ml. The device uses 20mg/ml nicotine salt e-liquid and is advertised to deliver up to approximately 5,000 puffs. Available through UK retailers by August 2026, the PIXL 5K sits alongside the existing 12ml PIXL 8000. The UK's Vaping Products Duty took effect on October 1 at £0.22 per millilitre, producing theoretical duty amounts of £1.32 and £2.64 for the two products' respective full refill sets.
product
Oct.10
Spain Cigarette Volumes Fall 5.2% in August, BAT Drops 14.5%, JTI Gains Share; France Down 8.3% on Adjusted Basis
Spain Cigarette Volumes Fall 5.2% in August, BAT Drops 14.5%, JTI Gains Share; France Down 8.3% on Adjusted Basis
Spain's cigarette volumes declined 5.2% year over year in August 2026, according to government data cited by UBS and reported by Investing.com on October 7. British American Tobacco's volumes fell 14.5%, followed by Imperial Brands at 8.8%, Philip Morris International at 6.6% and Japan Tobacco at 4.6%. JTI was the only one of the four companies to gain cigarette market share, rising six basis points to 26.7%. In France, official customs data showed an unadjusted 3.7% decline in cigarette deliveries. Adjusting for the difference in delivery days produces a decline of approximately 8.3%, consistent with the UBS figure. The bank also estimated the earnings exposure of major tobacco companies to both markets.
Market
Oct.13
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Juul Labs displayed its JUUL2 e-cigarette system alongside existing products, age-verification messaging and mobile coupons, 2Firsts observed. The JUUL2 device and Virginia Tobacco and Polar Menthol pods received FDA marketing authorization in August 2026. Booth materials highlighted longer battery life, greater e-liquid capacity and connected-device features. A TruAge sign and a mobile coupon presentation also featured at the booth, with weekly offers available to age-verified adult nicotine consumers at participating retailers.
EXPO
Oct.09
GSTHR Estimates 200 Million People Use Non-Combustible Nicotine Products as 28 Countries Show Rising Use Alongside Falling Smoking Rates
GSTHR Estimates 200 Million People Use Non-Combustible Nicotine Products as 28 Countries Show Rising Use Alongside Falling Smoking Rates
The Global State of Tobacco Harm Reduction, a project operated by Knowledge·Action·Change, estimates that about 200 million people worldwide use non-combustible nicotine products including vapes, heated tobacco, nicotine pouches and snus. Its 2026 report says use of these products rose alongside declining smoking rates in 28 countries it analyzed. The data do not establish that all 200 million users have quit smoking, nor do they prove a direct causal relationship. GSTHR also says regulatory restrictions on the products continue to expand in many markets.
Sep.10
Product | OXVA Introduces XLIM PRO 4 With Liquid-Level Anti-Burn Technology and Dedicated Pods
Product | OXVA Introduces XLIM PRO 4 With Liquid-Level Anti-Burn Technology and Dedicated Pods
Vaping brand OXVA introduced the XLIM PRO 4 refillable pod system in October 2026, featuring Anti-Burn Tech (ABT) based on smart e-liquid-level detection. The system can issue refill alerts and stop power output when e-liquid levels become too low. ABT requires the XLIM PRO 4 device and a dedicated XLIM ABT cartridge. Standard XLIM pods remain compatible but do not support ABT protection. OXVA previously introduced temperature-based anti-burn technology in the XLIM Pro 2 DNA, developed with Evolv. The new device features a 1,800mAh battery, 5–30W output and a 0.98-inch HD color screen. OXVA's official store lists the device at $37.90 and dedicated ABT replacement cartridges at $12.99. Independent testing confirmed the low-liquid protection response but recorded varying cartridge lifespans.
product
Oct.30