The Blubber

The Trump administration has officially withdrawn the proposed rule that would have banned menthol cigarettes and flavored cigars, according to the regulatory docket.

Banning menthol was previously identified as a “top priority” by the U.S. Food and Drug Administration (FDA) under the Biden administration. The agency sent its finalized rule to the White House for approval in October 2023, and a ban was widely expected that year. However, after facing strong opposition from various stakeholder groups, the Biden administration never moved forward with implementing it.

“The Lung Association remains deeply disappointed that President Biden did not finalize the menthol cigarette and flavored cigar rules when he had the chance,” said Erika Sward, assistant vice president of national advocacy at the American Lung Association.

Yolonda C. Richardson, president and CEO of the Campaign for Tobacco-Free Kids, also expressed frustration over the delay.

“We continue to strongly support eliminating menthol cigarettes to end the tobacco industry’s decades-long, predatory marketing of these products to kids, Black Americans, and other communities,” Richardson said in an emailed statement. “We will continue to build support for eliminating menthol cigarettes nationwide. In the meantime, it is more critical than ever that states and cities step up their efforts to end the sale of menthol cigarettes and other flavored tobacco products.”

In April 2023, a coalition of civil rights groups and medical organizations sued the FDA for failing to meet its own deadline to ban menthol. The lawsuit remains active, though it is unclear how the rule’s withdrawal will affect the case.

Despite the setback, experts say the rule could still be revived in the future under a different administration, potentially avoiding some of the previous procedural challenges.

Flavored cigarettes—except for menthol—were banned in 2009, and the FDA has been considering restrictions on menthol products for over a decade.

Research indicates that banning menthol would have significant public health benefits. One study estimates that over 20 years, it could reduce healthcare costs among adult smokers by approximately $1.62 billion. Another study from 2022 projected that a ban could save up to 654,000 lives in the U.S. over 40 years, including 255,000 Black Americans.

A ban would also likely reduce youth smoking rates. According to the Centers for Disease Control and Prevention (CDC), more than half of young smokers use menthol cigarettes. Research has found that kids who start with menthols are more likely to become regular smokers rather than occasional users.

The impact would be particularly significant for Black and LGBTQ+ communities, who have been aggressively targeted by tobacco companies’ menthol marketing for decades. The CDC notes that these efforts have been highly effective, contributing to widening health disparities.

A 2020 study found that while 43% of all adult smokers use menthol cigarettes, the percentage is much higher among Black smokers—over 83%—compared to just 30% of White smokers.