On Oct. 13, the Food and Drug Administration submitted rules that would ban menthol cigarettes and characterizing flavors in cigars to the Office of Management and Budget (OMB) for final review. This is step eight of the nine-step federal rule making process. During the review process, OMB evaluates whether to clear the rule for final publication or send it back to the FDA for further review.
During this 30- to 90-day review process, the OMB evaluates the proposed rules and meets with interested stakeholders to consider policy arguments around the cost and benefits of the proposed rules. According to OMB’s Office of Information and Regulatory Affairs website’s dashboard, over 50 meetings have occurred or been scheduled through Jan. 11, including with tobacco retailers, manufacturers, wholesalers, trade associations, policy groups and tobacco control organizations.
The National Association of Tobacco Outlets meeting with OMB is scheduled for Dec. 5. Additionally, many other stakeholder groups and organizations are awaiting confirmation of their meeting date and time from the OMB to make their policy arguments.
The FDA’s Center for Tobacco Products has stated that finalizing these rules are a top priority for the agency. If these rules are finalized in the coming weeks or months, they will include an implementation date of the menthol and flavored cigar bans that is likely at least a one-year post final rule publication date. This effective date could be pushed out further, if the rules are challenged in court by the industry.
David Spross is the executive director of NATO, a tobacco retailing association based in Lakeville, Minnesota. Reach him at david.spross@natocentral.org. To learn more about NATO, visit www.natocentral.org.
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