Menthol cigarette makers & FDA in a legal debate over ban

By Dr. Ananya Mandal, MDFeb 28 2011

Tobacco companies have decided to sue the U.S. Food and Drug Administration (FDA) over a decision that has been made in regards to cigarettes. The companies include the R.J. Reynolds Tobacco Co. as well as Lorillard, Inc., have sued the FDA over a decision that would potentially ban all cigarettes that contain a chemical known as menthol.

Mentholated cigarettes give them a mint taste as well as scent. The FDA though, along with health officials have learned that menthol carries with it a great deal of health risks. These types of cigarettes account for 30% of all cigarette sales in the U.S. annual cigarette sales of more than $83 billion, according to Euromonitor International. The top-selling menthol cigarette is Lorillard's Newport brand. R.J. Reynolds sells the Kool brand and a menthol version of its Camel product. Altria Group Inc’s Philip Morris unit, which is not part of the lawsuit, also sells a menthol version of its Marlboro cigarette. All three companies have spoken out against any menthol ban since the FDA’s panel began holding meetings last year

It was in 2009 when the law gave the FDA regulatory power over tobacco products and specifically banned chocolate, fruit and other flavorings that lawmakers said enticed children to start smoking.

The lawsuit filed in U.S. District Court for the District of Columbia accuses three tobacco advisory panel members of having “severe financial and appearance conflicts of interest and associated biases.” Two others on a panel subcommittee also have biases, according to the suit, because they have served as paid expert witnesses in lawsuits against tobacco companies.

The advisers have been weighing the health impact of mint-flavored cigarettes and are expected to deliver their final report on March 23. The advisers are scheduled to meet on March 2 and March 17 ahead of issuing its report. Health advocates denounced the lawsuit as a frivolous attempt to keep the FDA panel’s recommendation from coming to light. As with other advisory panels, the FDA is not bound to follow its recommendations. The law did not set a deadline for any action on menthol.

Matthew Myers president of the Campaign for Tobacco-Free Kids said, “They fear that the committee, having examined the evidence, will recommend effective actions that reduce or eliminate the lucrative market for menthol cigarettes…Once again, they are putting profits ahead of lives and health.” FDA spokesman Jeff Ventura said, “As a matter of general policy, the FDA does not comment on possible, pending or ongoing litigation.”