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.

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FDA’s Misguided War on Flavored Cigars: Delays Consumer Access to Tobacco Harm Reduction

In 2009, the Food and Drug Administration (FDA) was given authority to regulate tobacco products. Since then, the FDA has overseen the manufacturing and sale of numerous tobacco products from combustible cigarettes to new tobacco harm reduction products. Despite these significant declines, today the agency is trying to enact new product standards, specifically eliminating characterizing flavors in all cigars.[i] The agency claims that prohibiting flavors in cigars will “reduce the appeal of cigars, particularly to youth and young adults, and decrease the likelihood of experimentation,” as well as increase the “likelihood that existing cigar smokers may quit.”[ii] This report examines FDA’s role in regulating tobacco products, including cigars and certain requirements manufacturers and retailers must comply with. The report then analyzes youth use of cigars, concluding that even while flavored cigars have been available for retail sale, youth use continued to decline. The report then goes on to evaluate whether increased sales of flavored cigars correlate with increased use of cigars among both youth and adults, and finds no correlation. The report also examines the health risk profile of cigars, with numerous studies indicating that moderate use of cigars does not amount to the same health risks posed by combustible cigarettes. 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.

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Op-Ed: Carried Interest Proposal Would Stifle Investment in American Businesses

Raising taxes during a recession is one of the few policy principles in Washington that’s universally understood to be a bad idea. Yet, on the heels of news that the nation has gone two straight quarters with negative GDP growth, it appears Congress is about to do just that.

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Op-Ed: An Independent Review of FDA’s Tobacco Regulations Would Be Welcome as Agency Bows Down to Political Pressure

In a rare admission of what the tobacco harm reduction community has called a “bureaucratic nightmare,” Robert Califf, Commissioner of the U.S. Food and Drug Administration (FDA), has asked for an independent review, including “an initial assessment of the processes and procedures, resourcing and organizational structure” for the Center for Tobacco Products, as well as food programs under FDA.

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