Menthol Cigarette - Regulation

Regulation

Although the use of menthol in ointments and cough drops is regulated by the Food and Drug Administration (FDA) in the United States of America, regulation of cigarettes was removed from their purview in 2000 by the Supreme Court in a 5-4 ruling, FDA v. Brown & Williamson Tobacco Corp. In October 2009, the United States Congress passed the Family Smoking Prevention and Tobacco Control Act, which gave the FDA the authority to regulate tobacco products and ban flavor additives, although the act contained an exception for menthol.

On March 18, 2011 the Tobacco Products Scientific Advisory Committee (an advisory panel to the FDA) concluded that removing menthol cigarettes from the market would benefit public health in the United States, but stopped short of recommending that the Food and Drug Administration take any specific actions, like restricting or banning the additive. In response, the tobacco industry released a report to the FDA changed focus subject by claiming menthol cigarettes are no riskier than regular cigarettes and should not be regulated differently.

A progress report on panel findings is expected from the FDA in July 2011.

Internationally, menthol cigarettes have been banned in Brazil.

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