FDA Seeks Public Input on Menthol

The agency issued an Advance Notice of Proposed Rulemaking to obtain feedback for potential regulatory options regarding menthol in cigarettes.

July 24, 2013

WASHINGTON – Yesterday the U.S. Food and Drug Administration issued an Advance Notice of Proposed Rulemaking (ANPRM) to obtain feedback for potential regulations of menthol in cigarettes.

Within the ANPRM, the FDA has specifically asked for comment on a number of discrete issues related to menthol including:

  • Whether there should be a specific standard for the level of menthol in cigarettes and, if so, what level would be appropriate for the “protection of public health”;
  • Whether FDA should issue regulations for other tobacco products that contain menthol in addition to cigarettes;
  • Whether FDA should consider implementing regulations that restrict the sales of menthol cigarettes; and
  • Whether a ban on selling menthol cigarettes would trigger a spike in the illicit trade of these cigarettes.

The full text of the ANPRM can be found here. Comments are due in 60 days (estimated to be September 23, 2013, depending on the timing of the publication of the ANPRM). Individuals that wish to comment can do so in two ways: 

1.     Electronic Submission: In the “search” bar on the homepage, paste “FDA-2013-N-0521” to locate the ANPRM’s electronic docket.  From there, follow the instructions on the website to submit your comments.

Note, because the ANPRM was issued in prepublication form, individuals will be unable to electronically submit comments until July 24, 2013, when the ANPRM is formally published in the Federal Register. At that time, NACS will send out an updated hyperlink to assist members that are interested in doing so.

2.     Mail/Hand delivery/Courier to the following address:

Division of Dockets
Management (HFA-305)
Food and Drug Administration
5630 Fishers Lane, rm. 1061
Rockville, MD 20852

Note: Comments submitted using this method must identify the FDA as the responsible agency as well as the ANPRM’s docket number, which is Docket No. FDA-2013-N-0521. 

The FDA also announced that it’s funding three menthol-related studies: one on whether genetic differences in taste perceptions explain why certain racial and ethnic populations are more likely to use menthol cigarettes; a second to compare exposure to smoke-related toxins and carcinogens from menthol and non-menthol cigarettes; and a third to examine the effects of menthol and non-menthol compounds in various tobacco products on both tobacco addiction and toxicants of tobacco smoke.

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