On May 17, the U.S. House of Representatives Committee on Appropriations issued a draft of the Fiscal Year 2024 Agriculture, Rural Development, Food and Drug Administration (FDA) and Related Agencies Bill. The bill includes provisions that would prevent the FDA from banning the use of menthol in cigarettes, prohibiting characterizing flavors in all cigars or setting a maximum nicotine level in cigarettes, according to the National Association of Tobacco Outlets (NATO).
It was June 2022 when FDA announced its potential plans to establish a maximum level of nicotine in cigarettes and April 2022 when it proposed product standards to prohibit menthol as a characterizing flavor in cigarettes and prohibit all characterizing flavors (other than tobacco) in cigars.
While c-stores have been planning for a possible future where they would need to take a much closer look at their tobacco planograms, California and Massachusetts stores have already had to remove flavored and menthol products from their shelves.
Tobacco manufacturers are introducing products to fit within these state bans and a potential federal ban.
However, certain of R.J. Reynolds Tobacco Co.’s (RJRT) Camel and Newport cigarettes styles have been accused of being “presumptively” flavored based on their promotional materials by California state officials, and RJRT is fighting back, stating its new styles are marketed to clearly indicate that they are non-menthol.
Whether or not the bill that could prevent the FDA from banning certain tobacco products passes, it needs to proceed through the full legislative process after the draft legislation is marked up.