The FDA's Menthol Cigarette Ban Proposal Remains in Limbo
The Biden administration's proposed ban on menthol-flavored cigarettes remains stalled, despite ongoing advocacy efforts. Brian King, director of the FDA's Center for Tobacco Products, confirmed that the agency has not abandoned the proposal, but it currently sits with the White House's Office of Management and Budget (OMB) for review.
The OMB initially scheduled the rule to be finalized by March 2024, but later moved it to a list of measures with no expected regulatory action within the next year. This delay has drawn criticism from proponents of the ban, who accuse the administration of bowing to political pressure.
Civil rights and police groups have also opposed the ban, arguing that it would lead to illegal distribution, increased criminalization of tobacco, and higher incarceration rates. Additionally, some Democrats have faced criticism over the issue during the campaign season.
Meanwhile, lawmakers have expressed frustration with the FDA's approach to the e-cigarette market, citing insufficient efforts to crack down on illegal imports and a backlog of applications from companies seeking to market e-cigarettes legally. King acknowledged the need for more resources to address the "sheer size" of the e-cigarette market and the challenges posed by illegal imports.
The future of the menthol cigarette ban remains uncertain, with no clear indication of when the OMB will complete its review or whether the Biden administration will ultimately support the measure.