It has been more than a decade – that’s over 10 years folks since congress passed the Tobacco Control Act and the menthol ban hot potato fell directly in the FDA’s lap to deal with.
Tobacco groups sued the agency last year to get the agency to force a response to the 2013 citizen petition demanding a menthol ban. The court ordered the FDA to respond no later than April 29, 2021.
Recently reported, tobacco regulators are considering Scott Gottliebs (FDA Commissioner) policy actions: The menthol ban and mandated nicotine reduction in cigarettes. Janet Woodcock – acting FDA commissioner – stated that the very-low nicotine standard is under consideration at this point.
The menthol ban is an FDA response to advance racial and health equity, protect kids, and save lives. This ban will in effect only address the manufacturers, distributors, wholesalers and importers and retailers of flavored cigars and menthol cigarettes. The FDA leaves individual consumer possession or use of menthol cigarettes or tobacco products up to the consumer with no enforcement action. The FDA will only monitor that no unlawful tobacco products make their way into the marketplace.
Enforcement of action against distributors and retailers in minority communities means action against the same people who actually live in those communities. It will then fall to local police to confiscate contraband product and punish those who sell illegally.
From a global point of view taken from countries who have implemented a menthol ban, evidence suggests that a menthol ban is not a magic cure that will force users to stop nicotine altogether. An addiction is an addiction and regardless of flavor, your body will crave that substance – users will just get used to the lack of pleasure that flavor adds….it does not mean that the cravings will stop and customers will just turn to whatever product gives them the nic satisfaction – healthy or not. The American Vaping Society has stated quite clearly that “there will be no public health benefit if the response from menthol smokers is to switch to Marlboros or use illegal or illicit products bought off the street.”
The FDA’’s acting commissioner Woodcock has stated in a press call that public education on low risk smoking options like vaping are a part of her overall plan on harm reduction even though the FDA feels like they have a lot more to learn on vape products and the industry based on her follow up comments.
At this point in time the FDA is working their way through millions of PMTA applications – many of those millions submitted by an independent vape company – which seems to be clogging up the system, nonetheless, it will take the time it takes – even with looming FDA deadlines.
The final result being that the government tends to move as slow as molasses so by the time the FDA completes their due diligence, makes their final ruling and tobacco companies have their day in court – it may be years before menthol cigarettes are in jeopardy and thus as an echo effect of that ruling vape flavors.