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Health

FDA to suggest ban on menthol-flavored cigarettes, with trade prone to problem

The Food and Drug Administration announced Thursday that it would propose a ban on menthol-flavored cigarettes in the US, which would mean a big blow to future tobacco sales.

Menthol is the last permitted flavor for cigarettes. According to the FDA, menthol cigarettes were disproportionately used by teenagers, black people and low-income groups. The vast majority of black smokers prefer menthol brands of cigarettes, and black men currently have the highest rates of lung cancer in the country.

“With these actions, the FDA will help significantly reduce initiation of adolescents, increase the likelihood of smoking cessation among current smokers, and eliminate health gaps that occur among color communities, low-income populations, and LGBTQ + people, all of which are far more likely are to use these tobacco products, “said Janet Woodcock, acting FDA commissioner, in a press release.

This decision was in response to a 2013 citizen application. A court had ordered a response from the agency by Thursday.

Years until implementation

However, Jefferies analyst Owen Bennett said that proposal would take years to reach a conclusion, as it would need sufficient evidence from both sides, which could be difficult.

“If we see a proposed rule for menthol, it could take years to reach the final rule as a waterproof evidence package would have to be put together … the FDA itself has said in the past that there was not enough evidence,” he said in a report, adding that large tobacco companies might strike back in response, which would mean more time.

This decision was made after years of deliberation by public health officials to help smokers make the transition to less harmful practices such as non-flammable products or smoking cessation altogether.

Menthol cigarettes make up about a third of all cigarettes sold in the United States. The leading brands are Newport, owned by British American Tobacco’s RJ Reynolds, and Kool, owned by Imperial Tobacco’s ITG Brands.

British American Tobacco controls a whopping 66% stake in the menthol market, while Altria has a 26% stake and Imperial an 8% stake, according to a report by Bernstein analyst Callum Elliott.

Altria’s business is less exposed to menthol sales. Elliott estimates that only about 17% of its volume falls into this category. It would be a bigger blow to British American as more than half of its cigarette volume comes from that category, Elliott said.

Imperial Brands said the FDA’s decision was “disappointing” but expected. According to Elliott, menthol makes up about 30% of its volume.

“We believe the rulemaking process will show that there is no clear scientific evidence to support a menthol and flavor ban at the federal level. We hope the FDA will comply with the law and prioritize sound politics and science over political pressure,” said the enterprise.

‘Unintended Consequences’

Marlboro cigarette maker Altria has warned of the possibility of a ban that could create an illegal market.

“We share a common goal of switching adult smokers from cigarettes to potentially less harmful alternatives, but the ban is not working,” Altria said in a statement. “The criminalization of menthol will have serious unintended consequences.”

Reynolds and his parent company British American Tobacco were not immediately available for comment.

The argument against flavors

If implemented, the proposal would be of great benefit to anti-tobacco advocates who have long seen flavored cigarettes as a way for consumers to become acquainted with smoking.

Tobacco product smoking is the leading cause of preventable death in the country, according to the FDA. There are plans to introduce product standards to eliminate menthol in cigarettes within the next year, as well as to eliminate all signature flavors, including menthol, in cigars.

According to the Centers for Disease Control and Prevention, fourteen percent of all American adults smoked cigarettes in 2019. Although smoking rates are similar between black and white populations, black smokers are less likely to quit, which some have attributed to the menthol taste. The mint taste of menthol cools the throat and makes it easier for smokers to tolerate the tobacco taste.

The FDA cited a tobacco control study indicating that a ban could help smokers quit smoking. It pursued behavior after menthol bans were introduced in Canada. The FDA estimates a US ban could cause an additional 923,000 smokers, including 230,000 African Americans, to quit in the first 13 to 17 months.

Last week, the Biden government also announced it was considering limiting nicotine levels in cigarettes. This is another step that the FDA has been pushing for years. However, today’s announcement on menthol cigarettes makes no mention of a reduction in nicotine levels.

Altria and British American Tobacco, Reynolds’ parent company, lost nearly 2% in midday trading.

Read the FDA statement here.

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Health

Biden Plans to Suggest Banning Menthol Cigarettes

Biden’s government plans to propose a ban on menthol cigarettes, a long-standing goal of civil rights and anti-tobacco public health groups that has been repulsed by the tobacco industry for years, according to a federal health official.

For decades, menthol cigarettes have been aggressively marketed to black people in the United States. About 85 percent of black smokers use brands of menthol, including Newport and Kool, according to the Food and Drug Administration. Research shows that menthol cigarettes are more addictive and harder to quit than regular tobacco products.

The FDA is forced to act within a court deadline – a federal district judge in Northern California ordered the agency to respond to a citizen petition banning menthol by April 29th. However, a ban is unlikely to go into effect anytime soon as any proposal is likely to result in a lengthy legal battle. The proposal would also include a ban on all mass-produced flavored cigars, including cigarillos, that have become popular with teenagers.

However, the ban would not apply to e-cigarettes, which are seen as a means of smoking cessation for regular menthol cigarettes. Most e-cigarette brands, including Juul, are currently under review by the FDA to see if they are sufficiently public health beneficial to stay in the market.

Details of the proposal were first reported by the Washington Post.

Delmonte Jefferson, executive director of the Center for Black Health and Equity, one of the organizations behind the petition, described the decision as a victory for African Americans and all people of color.

“That took a long time,” said Jefferson. “We have fought this fight since the 1980s. We told the industry at the time that we didn’t want these cigarettes in our communities. “

Steven Callahan, a spokesman for Altria, owned by Philip Morris, USA, said the company remains opposed to a menthol ban.

“We share a common goal of switching adult smokers from cigarettes to potentially less harmful alternatives, but the ban is not working.” Mr. Callahan said. “A far better approach is to help establish a market for FDA-approved non-flammable alternatives that are attractive to adult smokers.”

Three years ago, under Dr. Scott Gottlieb, President Trump’s first FDA commissioner, proposed a similar menthol ban. But the Trump administration resigned after fierce opposition from tobacco state lawmakers, led by Republican Senator Richard Burr of North Carolina.

Pressure to revive a ban had increased since President Biden’s election and as the coronavirus pandemic and Black Lives Matter movement exposed further stark racial differences in the country’s public health and medical system.

While black smokers smoke less, they are more likely to die of heart attacks, strokes, and other causes related to tobacco use than white smokers, according to federal health statistics.

Matthew L. Myers, president of the Tobacco Free Children Campaign, which was part of the Citizens’ Petition, also noted that menthol and other flavors appeal to teenagers.

“Menthol cigarettes are the leading cause of teen smoking in the US,” he said. “Eliminating menthol and flavored cigars, which are used by so many children, will do more to reduce tobacco-related diseases in the long run than any action the federal government has ever taken.”

Menthol is a substance found in mint plants that can also be synthesized in a laboratory. It creates a cooling feeling in tobacco products and masks the harshness of the smoke, making it more bearable. Decades ago, market research showed it was more attractive to black smokers than white smokers, and cigarette companies began to focus their marketing on black consumers.

Support for a legislative ban has also increased in Congress. Several states and communities, including Massachusetts and California, have their own menthol bans, but many of them are also involved in legal disputes.

The FDA has not yet released details on the proposal, which will have to go through a formal federal regulation process that can take several years and is likely to face major challenges for the tobacco industry.