The Food and Drug Administration (F.D.A.) has approved the first menthol-flavored e-cigarettes in the United States, sparking controversy and criticism from public health groups. The decision comes less than two months after the Biden administration delayed a decision on whether to ban traditional menthol cigarettes.
The F.D.A. has authorized four types of menthol-flavored e-cigarettes made by NJOY, a part of the tobacco company Altria. This approval marks the first time flavored e-cigarettes can be legally sold in the U.S. The agency stated that evidence suggests these products could benefit adult smokers looking to transition to a “less harmful product.”
However, public health groups have strongly condemned the decision, citing concerns that e-cigarettes and flavored tobacco products are particularly appealing to young people. The Campaign for Tobacco-Free Kids highlighted data from the 2023 National Youth Tobacco Survey, showing that nearly a quarter of high school students who use e-cigarettes opt for illicit menthol-flavored varieties.
Critics like Yolonda C. Richardson, president of the Campaign for Tobacco-Free Kids, questioned the F.D.A.’s rationale, given previous conclusions that flavored e-cigarettes, including menthol, attract youth and contribute to the e-cigarette epidemic. Similarly, Harold Wimmer, president of the American Lung Association, expressed deep concern over the decision, noting that some authorized menthol e-cigarettes have nicotine levels higher than a pack of cigarettes.
The F.D.A. emphasized that its approval does not mean the menthol e-cigarettes are safe, as all tobacco products are harmful and potentially addictive. The agency remains wary of the risks posed to young people by e-cigarettes and flavored tobacco products but believes the benefits for adult smokers outweigh these concerns.
Dr. Vaughan Rees, director of the Center for Global Tobacco Control at Harvard T.H. Chan School of Public Health, supported the F.D.A.’s decision, stating that e-cigarettes offer a less-risky alternative for adult smokers struggling to quit.
The approval of menthol-flavored e-cigarettes comes after the Biden administration postponed a decision on banning traditional menthol cigarettes, a move that had divided opinions among Black voters, health officials, and lawmakers. The proposed ban was seen as a crucial step in reducing smoking-related cancer deaths, particularly among Black smokers who are disproportionately affected by menthol cigarette use.
The delay in the ban’s implementation allowed for further review and discussions with stakeholders, including tobacco companies, convenience stores, and civil rights organizations. The F.D.A. has emphasized that any potential ban would target manufacturers, not consumers, to address concerns about counterfeit cigarette trafficking and police targeting of Black individuals.
As the debate over menthol products continues, the F.D.A.’s approval of menthol-flavored e-cigarettes has reignited discussions on the regulation of tobacco products and their impact on public health.
