Pressing the FDA to act on menthol

With the Family Smoking Prevention and Tobacco Control Act of 2009, Congress took an important step to prevent youth smoking by banning flavored cigarettes. Because tobacco manufacturers use flavors, herbs and spices to mask the harshness of tobacco and attract new generations of underage smokers, Congress prohibited fruity and candy-like additives as characterizing flavors in cigarettes and cigarette smoke, with one exception. Despite menthol's minty flavoring and youth appeal, as well as its popularity among adult smokers, menthol was exempted from Congress' flavor prohibition. Instead, the Tobacco Control Act provided the U.S. Food and Drug Administration with the authority to prohibit menthol if “appropriate for public health” and made the issue of menthol in cigarettes a priority for FDA consideration.

To ensure that the FDA was advised about menthol and other scientific issues, the Tobacco Control Act established the Tobacco Products Scientific Advisory Committee. After a lengthy and careful review of the evidence, the Committee concluded: “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.” More than two years after receiving the Committee's report, the FDA has yet to act.

On April 12, 2013, nineteen leading national organizations filed a formal Citizen Petition, urging the FDA to exercise its regulatory power and protect America's health by prohibiting menthol as a characterizing flavoring in cigarettes. This presentation will discuss the FDA's response to the petition and describe what the public health community can do to press the FDA to take bold action on menthol.