According to a jacksonvillefreepress report on April 10, the African American Tobacco Control Leadership Council (AATCLC), Action on Smoking and Health (ASH), and the National Medical Association (National Medical Association, NMA has filed a second lawsuit against the U.S. Food and Drug Administration (FDA) over the agency's failure to issue a final rule banning the sale of menthol cigarettes. The lawsuit comes more than seven months after the FDA's original regulation date, and the FDA's delay in developing fairness policies has reached 15 years.
The first lawsuit occurred on June 17, 2020. The purpose of the initial lawsuit was to force the FDA to remove menthol cigarettes from the market based on its earlier conclusion to promote public health.
The lawsuit specifically asks the court to force the FDA to decide whether to add menthol cigarettes to the list of banned flavorings - a decision the agency has been stalling on since last year. The three agencies' joint lawsuit follows a 2013 citizen petition from the Public Health Law Center calling on the FDA to ban the sale of menthol cigarettes.
"We are deeply disappointed to be forced to file a second lawsuit against the FDA in support of efforts to protect Americans from menthol cigarettes," said ASH Executive Director Laurent Huber. "The FDA's own research confirms that a menthol ban can save the day." life, there is no scientific reason to delay the finalization of this rule."
In 2011, the FDA's own Scientific Advisory Committee concluded that "removing menthol cigarettes from the market would benefit the public health of the United States."
After the FDA was first sued, the FDA made the decision to add menthol cigarettes to the list of banned flavorings in cigarettes. To initiate the regulatory process, the FDA issued a proposed regulatory notice to prohibit the sale of menthol cigarettes on the market. In view of the FDA's approach, the litigants voluntarily dropped their initial lawsuit.
However, three years later, the FDA has not taken the final steps to formally enact and publish this proposed rule. The FDA was originally scheduled to issue the rule in August 2023, but has now delayed it without reason.
NMA President Yolanda Lawson is deeply troubled by the FDA's continued delays in finalizing a ban on menthol cigarettes. die."