The Food and Drug Administration on Thursday unveiled its proposed ban on menthol cigarettes and flavored cigars, a move that health experts say could save hundreds of thousands of lives.

What You Need To Know

  • The Food and Drug Administration on Thursday unveiled its proposed ban on menthol cigarettes and flavored cigars

  • Menthol is the only cigarette flavor still allowed under the Obama-era Tobacco Control Act, a 2009 law which gave the FDA authority over tobacco products

  • According to the FDA, as of 2019, more than 18.5 million people in the United States 12 and older smoke menthol cigarettes, accounting for roughly 36% of all smokers; The flavor is overwhelmingly preferred by Black and young smokers

  • Studies shared by the FDA indicate a 15% reduction in smoking over 40 years if menthol cigarettes were no longer available for sale in the U.S., and 324,000 to 654,000 smoking deaths would be avoided over the same time period – including 92,000 to 238,000 among African Americans

Menthol, a flavor compound derived from mint, reduces the harshness and irritation of smoking and gives off a minty taste and aroma, which the FDA says increases their appeal and ease of use, particularly among youth and young adults.

Menthol is the only cigarette flavor still allowed under the Obama-era Tobacco Control Act, a 2009 law which gave the FDA authority over tobacco products. According to the FDA, as of 2019, more than 18.5 million people in the United States 12 and older smoke menthol cigarettes, accounting for roughly 36% of all smokers. The flavor is overwhelmingly preferred by Black and young smokers.

"Through careful consideration of the scientific evidence and our authorities under the Tobacco Control Act, we've determined that these actions are appropriate for protection of the public health," FDA Commissioner Dr. Robert Califf told a Senate subcommittee on Thursday.

The proposed ban, Dr. Callif said, would "improve the health and reduce the mortality risk of current smokers of menthol cigarettes or flavored cigars by substantially decreasing their consumption and increasing the likelihood of cessation. This is another important move forward in the agency's efforts to combat youth tobacco use and promote health equity."

Studies shared by the FDA indicate a 15% reduction in smoking over 40 years if menthol cigarettes were no longer available for sale in the U.S., and 324,000 to 654,000 smoking deaths would be avoided over the same time period – including 92,000 to 238,000 among African Americans.

“The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” Health and Human Services Secretary Xavier Becerra said in a statement. “Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.” 

Notably, the FDA said, posession or use of menthol cigarettes or flavored cigars will not and can not be enforced by the agency. Rather, if the rule is finalized, it will target manufacturers, distributors, wholesalers, importers and retailers, not individuals.

The public can provide comments on the rules beginning May 4 through July 5, including two public listening sessions in June. After that, the FDA will issue its final rules, which will likely face legal challenges from the tobacco lobby.

For decades, tobacco companies focused menthol advertising and promotions in Black communities, sponsoring music festivals and neighborhood events. Industry documents released via litigation show companies viewed menthol cigarettes as a good “starter product” because they were more palatable to teens.

Menthol’s elimination would be a huge blow to tobacco companies, including Marlboro-maker Altria and Reynolds American, which sells the leading menthol brands, Newport and Kool. With the slow decline of smoking, tobacco companies have been diversifying into alternative products, including electronic cigarettes and tobacco pouches. But those ventures still account for a tiny slice of industry sales.

More than 12% of Americans smoke cigarettes, with rates roughly even between white and Black populations.

The Associated Press contributed to this report.