The FDA has proposed product standards for cigarettes and cigars that would ban the use of menthol as a characterizing flavor. Under the guidance, tobacco is the only remaining flavor allowed for both cigarettes and cigars.
Prohibitions on flavoring began with the Family Smoking Prevention and Tobacco Control Act, which prohibited all characterizing flavors (other than tobacco and menthol) in cigarettes in 2009, according to the FDA.
Menthol is designed to reduce the irritation and harshness of smoking, offering a minty taste and aroma instead. This appeal makes menthol cigarettes popular amongst youth and young adults, according to the FDA.
Menthol cigarettes also enhance the addictive properties of cigarettes as the substance interacts with nicotine in the brain. Rates of addiction and failure to quit are higher amongst menthol cigarette users, according to the FDA.
Menthol cigarettes are more popular amongst communities of color than white communities, according to research cited by the FDA. The studies project that the elimination of menthol cigarettes could reduce smoking related deaths by 324,000 to 654,000 over a forty year span.
Even if the guidance is passed, the FDA cannot and will not enforce a ban on individual consumers if found in possession or use of menthol cigarettes or flavored cigars.
Instead, the FDA will enforce the guidance through agreements with manufacturers, distributors, wholesalers, importers and retailers who manufacture, distribute, or sell such products within the U.S.
Enforcement of FDA regulations does not extend to state and local agencies.
