Administrative/Regulatory,
Civil Procedure
Jul. 1, 2024
FDA says it isn't required to ban menthol cigarettes
A lawsuit argues that the FDA has known for over a decade that menthol cigarettes lure youth into smoking and devastate public health, and that Congress directed the FDA to address the problem when enacting the Tobacco Control Act in 2009.
The U.S. Food and Drug Administration is not required to issue a ban on menthol as a characterizing flavor in cigarettes, attorneys for the agency argued while urging a federal judge to toss a lawsuit by public health groups.
"The Tobacco Control Act does not require the FDA to promulgate a final rule regarding menthol in cigarettes, let alone the particular menthol prohibition that the plaintiffs seek on the timeline they prefer. Instead, the FDA has discretion under the ac...
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