Second Lawsuit Filed Against FDA for Failing to Ban Menthol Cigarettes

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.