New Bill May Block FDA Ban on Flavors and Menthol

Today, on May 24, according to foreign media reports, on May 17, the U.S. House Appropriations Committee released a draft bill for the fiscal year 2024 concerning agriculture, rural development, the FDA, and related agencies.

According to the National Association of Tobacco Outlets (NATO), the bill includes provisions to prevent the FDA from banning menthol in cigarettes, prohibiting flavor descriptions in all cigars, and setting a maximum nicotine content in cigarettes.

In June 2022, the FDA announced its potential plan to set a maximum nicotine content in cigarettes and proposed product standards to ban menthol as a characterizing flavor in cigarettes and to ban all characterizing flavors in cigars (excluding tobacco).

While convenience stores have been planning for a possible future, they need to take a closer look at their tobacco shelf layouts, stores in California and Massachusetts have already had to remove flavored and menthol products from their shelves.

Tobacco manufacturers are launching products that comply with these state bans and potential federal bans.

However, certain Camel and Newport cigarette styles from RJ Reynolds Tobacco Co. (RJRT) have been accused by California officials of “presuming” flavoring based on their promotional materials, RJRT is pushing back, stating that its new styles clearly indicate they do not contain menthol.

Whether the bill to prevent the FDA from banning certain tobacco products passes remains to be seen, as it needs to go through the full legislative process after being marked up.