Menthol Cigarettes and Flavored Cigars > Background on FDA Authority
The 2009 Family Smoking Prevention and Tobacco Control Act prohibited the use of flavors in cigarettes and cigarette smoke, but exempted menthol. This left a glaring loophole for the industry to exploit leaving menthol cigarettes and flavored cigars on the market. One they’ve used to try to addict the next generation of customers. However, Congress ordered the Food and Drug Administration (FDA) to consider the evidence regarding menthol cigarettes and gave FDA authority to prohibit menthol if “appropriate for public health.” FDA did the research and found that removing menthol cigarettes from the market would benefit public health but failed to take action.
In 2013, 19 public health groups, including ACS CAN filed a Citizen’s Petition urging FDA to exercise its regulatory power to prohibit menthol in cigarettes. However, when FDA failed to respond to the Citizen’s Petition in a timely manner, public health groups, led by the African American Tobacco Control Leadership Council and Action on Smoking and Health filed a federal lawsuit to compel the FDA to take action on menthol.
In response to that lawsuit, on April 29, 2021, FDA announced its intention to issue two product standards: (1) to prohibit menthol in cigarettes, and (2) to prohibit all flavors in cigars.