FDA Issues Proposed Product Standards for Tobacco Products

The FDA's latest proposed product standards would ban menthol cigarettes and all characterizing flavors in cigars other than tobacco.

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“More than a half million youth in the U.S. use flavored cigars, and in recent years more young people tried a cigar every day than tried a cigarette,” the FDA stated in its press release.

The finalized proposed product standard for flavored cigars would:

  • reduce the appeal of cigars, particularly to youth and young adults, and decrease the likelihood of experimentation, development of nicotine dependence, and progression to regular use; and
  • improve public health by increasing the likelihood that existing cigar smokers may quit.

What Happens Now
The FDA has also addressed the concern many have had that these proposed product standards could lead to individual consumers facing prosecution for possession of these products.

“Importantly, the FDA cannot and will not enforce against individual consumers for possession or use of menthol cigarettes or flavored cigars. If these proposed rules are finalized and implemented, FDA enforcement will only address manufacturers, distributors, wholesalers, importers and retailers who manufacture, distribute, or sell such products within the U.S. that are not in compliance with applicable requirements. These proposed regulations do not include a prohibition on individual consumer possession or use,” the FDA wrote in its press release.

The FDA also emphasized that state and local law enforcement agencies could not independently enforce the Federal Food, Drug and Cosmetic Act and that they do not and could not take enforcement actions against any violation of the FDA’s tobacco authorities. The FDA has asked for public and community comment on how it can best make clear the roles of the agency and state and local law enforcement since many individuals and groups that have argued against the proposed product standards have done so while using the argument that these new rules would have a negative impact on underrepresented and under-served communities.

For now, these are just proposed rules and not yet law. Beginning on May 4, 2022, the public will be able to provide comments on these proposed rules and the FDA will review these comments while it considers future action. The FDA has also scheduled two public listening sessions on these proposed rules, one scheduled for June 13, 2022 and the other on June 15. These sessions will give individuals, communities and organizations the chance to share their views and opinions on these proposed rules and will be recorded and submitted to the dockets. The public can also submit electronic and written comments directly to the dockets on the proposed rules through July 5, 2022. Once all of the comments have been reviewed and considered, the FDA will decide whether or not to issue final product standards.

You can read the FDA’s full press release regarding its proposed product standards for menthol cigarettes and flavored cigar products by clicking here.

For all the latest news from the FDA, visit FDA.gov.