4 Tobacco Suppliers Weigh In on FDA’s Proposed Menthol Ban

SILVER SPRING, Md. — Tobacco companies are voicing their opposition to proposed standards the U.S. Food and Drug Administration (FDA) has announced that would prohibit menthol as a characterizing flavor in cigarettes and all characterizing flavors in cigars.  

While these suppliers acknowledge the rules would take years to take effect, if ever, they raised concerns on whether banning menthol cigarettes is the best way to decrease cigarette consumption.

FDA Commissioner Robert Califf, however, said in an April 28 Twitter post that the move could save lives: “The authority to adopt tobacco product standards is one of the most powerful tools Congress gave the FDA and the actions we are proposing can help significantly reduce youth initiation and increase the chances that current smokers quit. It is clear that these efforts will help save lives. Through the rulemaking process, there’s an important opportunity for the public to make their voices heard and help shape the FDA’s ongoing efforts to improve public health.”

The African American Tobacco Control Leadership Council, a public health education and advocacy organization, agreed. For decades, big tobacco companies have used menthol-flavored tobacco products and flavored cigars to target African Americans, the group alleged.

“We are working towards a day where no Black people in America die from preventable deaths due to tobacco," said African American Tobacco Control Leadership Council Co-Chair Carol McGruder. "This critical move in the rule-making process by the FDA helps make that day a reality.”

The group also asked the FDA to ban menthol, not just as a characterizing flavor in cigarettes, but as an ingredient altogether.

The FDA is seeking comment, beginning May 4, on how it can best make clear the respective roles of the agency and state and local law enforcement, as well as policy considerations related to the potential racial and social justice implications of the proposed product standards.

Here’s what tobacco companies have said so far on the proposed regulations …

“Our corporate purpose is clear: to build a better tomorrow by reducing the health impact of our business," said Kingsley Wheaton, CMO of BAT Group, London. “We are transforming BAT and are committed to tobacco harm reduction. We believe our portfolio of scientifically substantiated reduced-risk products can play a critical role in its delivery. We will continue to work with FDA to support access and choice for adult consumers.”

“We strongly believe that there are more effective routes to deliver tobacco harm reduction than banning menthol in cigarettes. Evidence from other markets, including Canada and the EU where similar bans have been imposed, demonstrates little impact on overall cigarette consumption.

“The scientific evidence shows no difference in the health risks associated with menthol cigarettes compared to non-menthol cigarettes, nor does it support that menthol cigarettes adversely affect initiation, dependence or cessation. As a result, we do not believe the published science supports regulating menthol cigarettes differently from non-menthol cigarettes.

“The FDA rulemaking process is a multiyear, multistep process. We are reviewing the details of the proposed regulations and will continue to actively participate in the rulemaking process by submitting science-based comments to FDA.”

“The FDA is moving forward with a proposed product standard regarding characterizing flavors in cigars despite a near-vacuum of scientific evidence to support this decision, Jacksonville, Fla.-based Swisher said in a statement.“FDA’s announcement today is only a proposed rule and must go through a lengthy comment and approval process before it can be enacted.  Given this, Swisher will continue business as usual. Our entire portfolio remains available for us to market and sell to our adult consumers.”

“The evidence that does exist shows moderate consumption by a small cohort of adults and historically low youth usage. Based on the government’s own studies, youth usage of cigars has been declining for years and is at an all-time low. Furthermore, insufficient time has passed to determine whether raising the minimum age of purchase to 21, which was promoted as a tool to further impact and mitigate youth usage of all tobacco products, will effectively reduce these already low numbers.

“The overall public health community has increasingly supported a posture of allowing citizens to make their own informed health decisions. This FDA action, however, does the opposite. It restricts consumer choice and removes adult products from the market without scientific basis for doing so. FDA should suspend action on a flavor standard for cigars until further study is done on the manner of use of various types of cigars and its implications. Adult cigar consumers should be empowered to weigh the evidence and risk as that information emerges and make fully educated choices.

For more than a decade, Swisher has been a responsible corporate partner with FDA and has sought to work with the agency to understand and meet its obligations. Swisher plans to vehemently oppose this measure with meaningful scientific and economic data and encourages adult consumers, employees, retailers and other stakeholders to make their views known to FDA and other policymakers.”

“Philip Morris International doesn’t sell any combusted cigarettes in the U.S.,” said Corey Henry, PMI, New York.

“However, PMI is the only company granted marketing orders through the FDA’s Modified Risk Tobacco Product pathway for an electronic nicotine product.

“As FDA examines how best to address combusted cigarette use, we believe it is critical that the agency continue recognizing the important role that innovative products play in addressing the burden of tobacco use and the need for policies that can accelerate switching to FDA-authorized alternatives, thus promoting public health.

“The FDA has powerful tools to scientifically assess the public health benefits of innovations that are a better choice than continuing to smoke.  American adults who smoke deserve accurate information and access to non-combusted alternatives that can move them significantly down the risk continuum compared to continued smoking.”

“We believe harm reduction, not prohibition, is the better path forward. Taking these products out of the legal marketplace will push them into unregulated, criminal markets that don’t follow any regulations and ignore minimum age laws. We will continue to engage in this long-term regulatory process,” said David Sutton, media relations with Altria Client Services, Richmond, Va.