Lawmakers say banning menthol cigarettes would remove nearly one-third of all cigarettes currently marketed in the US.
A prohibition on menthol cigarettes and flavored cigars will further exacerbate the already pervasive illegal trade in tobacco products, according to a letter sent to US Food and Drug Administration (FDA) commissioner Robert Califf by 20 US lawmakers.
FDA expected to publish a final rule on these updated tobacco regulations in August, but the ban will not go into effect for at least a year after that.
In their letter, the lawmakers said, “When Congress enacted the Tobacco Control Act in 2009, the intent was for the FDA to use regulation to ensure proper oversight of the tobacco industry. When prohibition-based actions result in large illicit markets, it causes more risk for Americans, more crime, more burden on law enforcement and more opportunities for policy and community conflict.”
“We urge FDA to take illicit markets seriously. The FDA can do this by using regulation to safely meet adult consumer demand while also establishing controls on how those products are marketed to protect kids. We urge you to reconsider FDA’s proposed rules on menthol cigarettes and flavored cigars and refrain from any further prohibition-based actions that threaten to expand illicit markets.”
According to the letter, the proposed regulation aimed at banning menthol cigarettes would remove nearly one-third of all cigarettes currently marketed in the US from the authorized, regulated distribution system. The lawmakers are concerned that the ban may result in an illegal market similar to the one for vapor products, making it harder for law enforcement to control the growing illicit tobacco market.
The letter cited Massachusetts and California as examples of states that experienced illicit tobacco market growth after enacting laws banning the sale of flavored tobacco.
US representatives John Rutherford, Don Bacon, David Valadao, Ben Cline, C. Scott Franklin, Troy Nehls, Richard Hudson, John Rose, Jerry Carl, Eric “Rick” Crawford, Daniel Meuser, Andrew Garbarino, Debbie Lesko, Byron Donalds, Mike Ezell, David Rouzer, Anthony D’Esposito, Kat Cammack, Diana Harshbarger, and Jeff Duncan signed the letter.