While the proposed menthol ban is still in limbo, the US FDA recently authorized four menthol-flavored e-cigarette products. Photo credit: Officer, CC.
The US Food and Drug Administration (FDA) asked a federal judge to dismiss a lawsuit brought by anti-smoking groups demanding it end nearly a year of delay and enforce a ban on menthol cigarettes, according to Reuters. In its court filing, the agency defended the delay, stating it had not yet determined whether such a ban would be "appropriate for the protection of public health."
The lawsuit was filed on April 2 in the federal court in Oakland, CA. Plaintiffs include the American Medical Association, the African American Tobacco Control Leadership Council, Action on Smoking and Health, and the National Medical Association.
FDA argued that the plaintiffs lacked standing to sue for a ban, asserting they only alleged "a setback to their abstract social interests" without a direct stake in the matter. It also pointed to the US Supreme Court's June 13 decision, which rejected a request by anti-abortion groups and doctors to limit access to a commonly used abortion pill, as a precedent.
The most recent menthol ban delay occurred on April 26, when health and human services secretary Xavier Becerra hinted that discussions on the ban could extend beyond November's election, suggesting that resolving the matter would require "significantly more time."
FDA recently authorized the marketing in the US of 4 menthol-flavored e-cigarette products – NJOY Ace Pod Menthol 2.4%, NJOY Ace Pod Menthol 5%, NJOY Daily Menthol 4.5%, and NJOY Daily Extra Menthol 6%. These are the first non-tobacco flavored e-cigarette products to be authorized by FDA.