Yesterday, the U.S. Food and Drug Administration (FDA) moved to ban menthol cigarettes and all flavored cigars, which would eliminate more than a third of all cigarettes sold in the U.S., the annual sales of these products, the Wall Street Journal reported. for $20 billion.

The ban won't happen for two years because the FDA would allow public comments on the proposed rule, which it would then have to review. A final rule could be filed as early as 2023, and then the ban would go into effect in 2024.

FDA Commissioner Robert Califf told reporters yesterday that the move could save hundreds of thousands of lives and said he knew most smokers wanted to quit and that banning menthol in cigarettes was a better option .

An outright ban on menthol cigarettes and flavored cigar products, however, could raise issues that the FDA has not considered.

“We believe that harm reduction, not prohibition, is the better way forward. Taking these products out of the legal market will push them into unregulated criminal markets that don’t follow any regulations and ignore minimum age laws. We will continue to participate in this long-term regulatory process," Altria said in a statement.

NACS, the National Association of Convenience Stores, agreed that the ban could create an illegal black market for these products.

"History has shown that banning legitimate products with an established user base does not work and negatively impacts our community," said Anna Blom, director of government relations at NACS. "Unfortunately, many current users of these products will be looking for illegal sources that don't check IDs and sell counterfeit products smuggled into the country."

Reynolds American was acquired by British American Tobacco in 2017, making Newport the leading menthol cigarette brand in the United States.

"We strongly believe there are more effective ways to reduce tobacco harm than banning menthol in cigarettes," said Kingsley Wheaton, chief marketing officer at British American Tobacco. Cigarette consumption has little impact. “Our corporate purpose is clear: to build a better tomorrow by reducing the health impact of our business. We are transforming BAT and working to reduce tobacco harm. We believe that our portfolio of scientifically proven low-risk products can be delivered in We will continue to work with the FDA to support access and choice for adult consumers.”

Swisher, maker of well-known Swisher Sweets Cigars, issued a statement saying the Florida-based company plans to strongly oppose the measure with meaningful scientific and economic data and encourages adult consumers, employees, retailers and other stakeholders. Make their views known to FDA and other decision makers.

Swisher noted that the FDA's proposal to characterize cigar flavors would require a lengthy comment period and approval process. "With this in mind, Swisher will be business as usual. Our entire product portfolio remains available for us to market and sell to adult consumers."

The company said there is a lack of scientific evidence to support the FDA's proposed standards for flavored cigar products and more research is needed.

"The evidence does exist of moderate consumption by a small group of adults and historically low rates of youth use. According to the government's own research, cigar use among youth has declined over the years and is at an all-time low." Wisher pointed out.

“The entire public health community is increasingly supporting a gesture that allows citizens to make their own informed health decisions. However, this action by the FDA is counterproductive. It limits consumer choice and denies adult products without scientific basis. Take it off the market.”

In a statement released yesterday, the FDA noted that the agency cannot and will not enforce enforcement for individual consumers owning or using menthol cigarettes or flavored cigars. If these proposed rules are finalized and implemented, FDA enforcement will only be directed at manufacturers, distributors, wholesalers, importers, and retailers who manufacture, distribute, or sell such products in the United States that do not meet applicable requirements. These proposed regulations do not include prohibitions on possession or use by individual consumers.

The comment period will begin on May 4. The agency will hold a public hearing on the proposal from June 13-15.

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