UNITED STATES: Menthol Ban Proposal Draws Industry Fire

WASHINGTON, D.C.—When the American Food and Drug Administration announced in November that it will seek a ban on menthol tobacco products, it elicited a host of responses.

“When the FDA first examined menthol in 2013, the published science did not support regulating menthol and non-menthol cigarettes differently and the published science since then has not changed this situation,” said Imperial Brands in a statement.

“While some consumers may prefer menthol cigarettes, the science has not demonstrated that menthol leads to higher levels of initiation, greater dependence, reduced ability to quit or increased health risk.

“Any regulation of menthol in cigarettes must be done through the established

comprehensive rule-making process and must be based on a thorough review of the science while considering the unintended consequences of any rule. Failing to do so would mean any such action would not withstand judicial review.”

Worse yet, if menthol cigarettes are regulated any differently than non-menthol cigarettes, the illegal market will increase, fueling more criminal activity [and] adding further challenges to criminal and social justice issues. Further, if an illegal market in menthol cigarettes increases, youth smoking access will also.

Imperial Brands questioned the apparent haste in FDA’s announcement. “The FDA’s proposals regarding menthol cigarettes and flavored cigars… would need to be supported by the relevant science and other evidence,” it said in a statement. “Such proposals are likely to require a multi-year process, in which we will be fully engaged.”

Altria believes that a total ban on menthol cigarettes or flavored cigars would be an extreme measure not supported by the science and evidence, said Murray Garnick, executive vice president and general counsel. “We expect that establishing product standards on menthol cigarettes and flavored cigars will be a multi-year, deliberative process, and we will be fully engaged throughout.

The senior Senator from North Carolina, Richard Burr also weighed in November, commenting that FDA’s proposal seemed to favor states that ignore federal drug laws.

“This is not the first time the FDA has tried to ban menthol, but these efforts have been unsuccessful in the past,” said Burr, a Republican.

“It is troubling, however, that an Administration that pledges to put America first is targeting legal, American-made products instead of focusing its attention on states that flout federal drug laws.

“If the United States continues down this path, we will be following in Canada’s footsteps, banning menthol but legalizing recreational drug use. I hope the administration will choose a better way to protect our children.” But will FDA succeed in its campaign against menthol? Bonnie Herzog, researcher with Wells Fargo Securities, said that a ban is extremely unlikely, for several reasons.

A ban may not be supported by the science, there will probably be unintended consequences and, a legal challenge by the industry is almost certain, she said.