Trump administration nixes proposal to ban menthol cigarettes

A proposal to ban menthol cigarettes has reached a dead end at the U.S. Food and Drug Administration (FDA).

Meanwhile, it was unclear what might happen with tobacco, nicotine and electronic cigarettes under the new administration of President Donald Trump.

Under President Joe Biden, FDA in April 2021 floated a possible ban on menthol as a flavor in cigarettes and cigars. While advocates said it would be a huge step forward for health, the Biden administration in April 2024 announced any ban would be postponed. Former U.S. Department of Health and Human Services secretary Xavier Becerra said the proposal sparked a huge amount of feedback, but the administration needed more time to have “more conversations” around that development.

On Jan. 21, the Office of Management and Budget’s Office of Information and Regulatory Affairs announced the “Tobacco Product Standard for Menthol in Cigarettes” had a “Concluded Action: Withdrawn.” News outlets began reporting that result a few days later.

“There is no justifiable reason to withdraw the FDA’s proposed rule to ban menthol,” Kelsey Romeo-Stuppy, managing attorney at Action on Smoking and Health told The Hill. “Tobacco industry profits should never be prioritized over American lives, but unfortunately, that’s what has happened with the FDA withdrawing the proposed rule to ban menthol in tobacco products.”

Federal data from 2020 showed 81% of Black smokers preferred menthol-flavored cigarettes, wrote Jeffrey A. Singer, MD, FACS, a senior fellow at the Cato Institute. A ban could prompt development of an underground market for menthol cigarettes, he said.

Nicotine levels lower?

Jan. 21 was the president’s first full day in office. It was unclear whether the withdrawal of the menthol ban might signal coming action on another FDA proposal to limit the amount of nicotine in cigarettes. As a section of HHS, the FDA is under a potential halt on public communications as the new administration’s leaders take their positions.

On Jan. 15, FDA announced the potential limit on nicotine during the final days of the Biden administration, although researchers first floated the idea during Trump’s first term in the White House. FDA authority to regulate nicotine levels goes back to 2009. A new lower limit has prompted praise from health advocates and lawmakers who note shrinking nicotine levels to nonaddictive levels will make it easier for smokers to quit.

“Making tobacco products non-addictive would dramatically reduce the number of young people who become hooked when they are experimenting,” American Lung Association CEO Harold Wimmer said in a statement. “However, to fully address the toll of tobacco on our nation’s health and across all communities, we urge FDA to reduce nicotine levels to non-addictive levels in all tobacco products, including all cigars, hookah and e-cigarettes. The Lung Association looks forward to reviewing the proposed rule in detail and providing our comments to FDA.”

Vaping: Yay or nay?

It was unclear what might be the next federal actions involving electronic cigarettes, also known as electronic nicotine delivery systems (ENDS) or vapes. Advocates argue the devices can be helpful to people trying to stop using combustible tobacco products. Opponents argue they are marketed to youth and carry their own health risks, and the U.S. Centers for Disease Control and Prevention (CDC) have said most of those have addictive nicotine.

In December, the U.S. Supreme Court considered a case involving e-cigarettes. Two companies applied to sell fruit- and candy-flavored liquids to use in e-cigarettes. FDA denied those applications, citing risks to youth health, and the case landed in court, according to SCOTUSblog, an independent news and analysis site dedicated to the High Court.

Based on the court docket, it did not appear the case broadly challenged the Family Smoking Prevention and Tobacco Control Act of 2009.

In 2020, the Trump administration announced a ban on flavored e-cigarettes, but allowed continued sales of menthol cartridges and vapes, according to Politico. At the time, youth vaping rates were rising and Politico noted First Lady Melania Trump even voiced her concerns over social media site X, formerly Twitter. Some antismoking advocates panned the regulation, arguing it did not do enough to protect health of young people, that report said.

In fall 2024, The Hill, Newsweek and other news outlets reported Trump said he would “save vaping,” despite the earlier ban. Newsweek reported Trump’s post from Truth Social: "I saved flavored vaping in 2019, and it greatly helped people get off smoking. I raised the age to 21, keeping it away from the 'kids.' Kamala and Joe want everything banned, killing small businesses all over the country. I'll save vaping again!"