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

Illicit Vape and Nicotine Pouch Seizures Concentrated in UK Hotspots, New Data Shows
Illicit Vape and Nicotine Pouch Seizures Concentrated in UK Hotspots, New Data Shows
Freedom of Information (FOI) data from the UK shows that more than 3,000 seizures of illegal nicotine products were recorded in the 2024/25 financial year, with Hull, Liverpool and Bolton emerging as the most active enforcement hotspots — highlighting that the problem of illicit vapes, nicotine pouches and smokeless tobacco products persists across many parts of the country.
Jun.16
AIR Romania Manufacturing Facility Expected to Begin Operations in Q1 2027
AIR Romania Manufacturing Facility Expected to Begin Operations in Q1 2027
AIR Limited announced on May 7, 2026, that it plans to open a new manufacturing facility of approximately 70,000 square feet in Stefanesti, Bucharest North, Romania. The facility is expected to begin operations by the first quarter of 2027. AIR said that once fully operational, the facility is expected to support more than 150 jobs and be capable of producing more than 4,000 tons of flavored shisha molasses each year.
May.08 by 2FIRSTS.ai
Altria and Juul Ask Court to Pause Antitrust Case Pending Ninth Circuit Review
Altria and Juul Ask Court to Pause Antitrust Case Pending Ninth Circuit Review
Altria and Juul are asking a California federal court to pause an antitrust case while they appeal a class certification ruling to the Ninth Circuit. The case alleges that Altria’s 2018 investment in Juul, a $12.8 billion deal for a 35% stake.
May.07 by 2FIRSTS.ai
PMI to Launch IQOS in Argentina by End-2026 After Regulatory Shift, Targeting About 7 Million Smokers
PMI to Launch IQOS in Argentina by End-2026 After Regulatory Shift, Targeting About 7 Million Smokers
Philip Morris International (PMI) has confirmed plans to bring its IQOS heated tobacco device to Argentina by the end of 2026, after the Argentine government lifted long-standing restrictions and created a regulatory framework for heated tobacco, e-cigarettes and nicotine pouches.
News
Jun.26 by 2Firsts Perspectives
Ispire and Jincheng Pharma Form Joint Venture to Enter Global High-Growth Nicotine Pouch Market
Ispire and Jincheng Pharma Form Joint Venture to Enter Global High-Growth Nicotine Pouch Market
Summary Ispire Technology announced a strategic joint venture with Chinese pharmaceutical company Jincheng Pharma to manufacture and commercialize nicotine pouch products. The partnership combines pharmaceutical-grade production capabilities with Ispire’s global regulatory infrastructure and distribution network as the company expands beyond vaping hardware into oral nicotine products.
Business
May.13
FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
The U.S. Food and Drug Administration (FDA) announced on May 5, 2026 that it authorized the marketing of four Glas electronic nicotine delivery system (ENDS) products through the premarket tobacco product application (PMTA) pathway. The authorized products are Classic Menthol, Fresh Menthol, Gold and Sapphire pods, each containing 50mg/ml, or 5%, tobacco-derived nicotine.
May.06 by 2FIRSTS.ai