FDA's Misguided War on Menthol Cigarettes: Delays Consumer Access to Tobacco Harm Reduction

In  2009, the U.S. Food and Drug Administration (FDA) was given authority to regulate tobacco products. And, since 2009, the FDA has overseen the manufacturing and sale of numerous tobacco products from combustible cigarettes to new tobacco harm reduction products.

Over the last 13 years the number of Americans that are classified as smokers has continued to decline. Despite these significant declines, the FDA is now seeking to enact new product standards that specifically eliminate menthol in combustible cigarettes.  While reducing the number of smokers and preventing youth uptake is a worthwhile public health goal, the FDA should refrain from prohibitionist policies such as a ban on menthol products.

This report examines FDA’s role in regulating tobacco products, including combustible cigarettes and certain requirements manufacturers and retailers must comply with. The report then analyzes youth use of combustible cigarettes, concluding that even while menthol cigarettes have been available for retail sale, youth use continued to decline.

The report then goes on to evaluate whether increased sales of menthol cigarettes correlate with increased use of cigarettes among both youth, young adults and all adults, and finds no correlation. The report also examines the demographics of menthol cigarette smokers. Further, the report looks into the both the loss of revenue to the states that will be caused by a federal menthol while local and state agencies will be forced to increase costs for enforcement, as evidenced in state menthol bans.

Finally, the report analyzes FDA’s role in both recognizing and promoting tobacco harm reduction products for adults who smoke and urges the agency to focus its priorities on issuing marketing orders for novel tobacco harm reduction products.