Waiting for the Other Shoe to Drop: Implications of FDA (In)action on Menthol Cigarettes

With the 2009 Family Smoking Prevention and Control Act, the U.S. Food and Drug Administration (FDA) was granted the authority to regulate tobacco products. This included the authority to regulate menthol cigarettes, which account for one quarter of the market in the U.S.  The FDA’s Tobacco Products Scientific Advisory Committee concluded in 2011 that removal of menthol cigarettes would benefit public health. In 2013, the FDA released its own independent review of the literature and also concluded that menthol cigarettes lead to smoking initiation, greater addiction and decreased quitting. Despite these findings, the FDA has yet to issue any regulatory action on menthol cigarettes. The lack of action at the federal level, however, does not prohibit other policy actions. This session will review the FDA’s regulatory authority, a timeline of actions to date, and then summarize how local regulations could address menthol. Municipalities such as Chicago have taken action to protect youth by restricting the sale of menthol cigarettes within 500 feet of schools. Other creative options will be discussed including restricting sale to specific locations, limiting marketing, and differential taxation. Finally, this session will highlight the need for treatment research. Research examining the behavioral intentions of menthol smokers has suggested a large proportion (39%-65%) would quit if a menthol ban were implemented. However, the possible influence of electronic cigarettes with menthol flavor is unknown. These policy, treatment and research opportunities have the potential to significantly reduce the burden of nicotine addiction from menthol cigarettes.