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FDA to propose ban on menthol-flavored cigarettes, with industry likely to challenge 

The Food and Drug Administration announced Thursday that it will propose a ban on menthol-flavored cigarettes in the United States, which would be a huge blow to future tobacco sales.

Menthol is the last allowable flavor for cigarettes. According to the FDA, menthol cigarettes have been disproportionately used by youth, people of color and low-income communities. The vast majority of Black smokers favor menthol cigarette brands, and Black men currently have the highest rates of lung cancer in the country.

“With these actions, the FDA will help significantly reduce youth initiation, increase the chances of smoking cessation among current smokers, and address health disparities experienced by communities of color, low-income populations, and LGBTQ+ individuals, all of whom are far more likely to use these tobacco products,” said Acting FDA Commissioner Janet Woodcock, in a press release.

Years to implement

However, Jefferies analyst Owen Bennett said this proposal would take years to reach a conclusion as there would need to be sufficient evidence from both sides, which could be difficult.

“For menthol, if we do see a proposed rule, it could take years to final rule, due to a watertight evidence package that would need to be put together … the FDA itself saying in the past there has not been enough evidence,” he said in a report, adding that major tobacco companies could fight back in response, which would add more time.

This decision comes after years of deliberation from public health officials in order to help transition smokers to less harmful methods, such as non-combustible products, or quit smoking altogether.

Menthol cigarettes make up about a third of all cigarettes sold in the U.S. The leading brands are Newport, which is owned by British American Tobacco’s R.J. Reynolds, and Kool, which is owned by Imperial Tobacco’s ITG Brands.

Imperial Brands said the FDA’s decision was “disappointing,” but expected.

“We believe the rulemaking process will reveal that there is no clear scientific evidence to support a federal menthol and flavor ban. We are hopeful that FDA will follow the law and prioritize sound policy and science over political pressure,” the company said.

‘Unintended consequences’

Altria, the maker of Malboro cigarettes, warned of the potential for a ban to cause an illegal market to spring up.

“We share the common goal of moving adult smokers from cigarettes to potentially less harmful alternatives, but prohibition does not work,” said Altria in a statement. “Criminalizing menthol will lead to serious unintended consequences.”

Reynolds and its parent British American Tobacco weren’t immediately available for comment.

The argument against flavors

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