Public Policy Resources

Implementation of graphic warnings in the U.S. has been thwarted by tobacco industry legal challenges. The American Cancer Society (ACS) and the American Cancer Society Cancer Action Network (ACS CAN), along with our partners, have fought back in the judicial system, using litigation to both compel the U.S. Food and Drug Administration (FDA) to issue graphic warning regulations and help the U.S. Department of Justice (DOJ) defend the regulations finalized by FDA.

Tobacco use has been found to be one of the primary drivers of cancer-related health disparities because its use disproportionately impacts people based on race, ethnicity, sexual orientation, gender identity, disability status, mental health, income level, education level, and geographic location. Achieving health equity relies heavily on eliminating tobacco use. ACS CAN is pursuing fact-based tobacco control policies at the local, state and federal levels that aim to reduce disparities and improve health outcomes for everyone.

ACS CAN and 77 leading public health organizations urged the U.S. Food and Drug Administration (FDA), and its enforcement partners at the U.S. Department of Justice (DOJ) and the U.S. Customs and Border Protection (CBP), to use all the enforcement tools at their disposal against manufacturers, distributors, wholesalers and retailers to clear the market of unauthorized e-cigarette products, including flavored products that put young people at risk for nicotine addiction and other significant health harms.

All tobacco products, including heated tobacco products, are unsafe. Heated tobacco products involve heating rather than burning the tobacco leaf, which is why the tobacco industry refers to them as “heat-not-burn” or non-combustible cigarettes. These products differ from e-cigarettes which heat a liquid.

Increasing tobacco excise taxes is one of the best ways to reduce overall tobacco use. It is important that when considering an excise tax increase on any tobacco product, including e-cigarettes, that the tax should be increased on all tobacco products at an equivalent rate to encourage people to quit rather than switch to a cheaper product, and prevent youth from starting to use any tobacco product.

ACS CAN calls on the administration to finalize FDA’s rules to prohibit the sale of menthol cigarettes and flavored cigars immediately. There is no scientific rationale for permitting any flavored tobacco product to remain on the market. To end cancer as we know it for everyone, tobacco use must be addressed and cannot be done without prohibiting the sale of menthol flavors and all flavored cigars.

When faced with mounting evidence that tobacco tax increases effectively reduce tobacco use, tobacco manufacturers will try to distract policymakers from the material facts by invoking dire warnings of reduced revenue due to increased illicit activity including widespread smuggling and other organized crime that they claim will result from increased taxes on cigarettes and other tobacco products.

The U.S. Surgeon General declared youth e-cigarette use to be an epidemic. E-cigarettes are the most used tobacco product among youth and, like any tobacco product, are unsafe. E-cigarette use is also most common among younger adults. Action is urgently needed to reverse these dangerous trends.

Flavors are a marketing weapon the tobacco manufacturers use to target youth and young people to a lifetime of addiction. The use of any flavored tobacco product among youth is concerning because it exposes them to a lifetime of nicotine addiction, disease, and premature death.