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  1. Products, Guidance & Regulations

Submit Comments on Tobacco Products

Submit comments on Tobacco Products

Make your voice heard and be part of our ongoing effort to improve public health in the United States.

We solicit information and comments, announced in the Federal Register and posted in dockets on Regulations.gov, from concerned citizens, industry, and organizations on a wide range of issues related to implementation of the Tobacco Control Act.

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Tobacco Product Standard for Menthol in Cigarettes
Docket No: FDA-2021-N-1349
Comment Period Open Date: May 4, 2022
Comment Period End Date: July 5, 2022
Summary: The Food and Drug Administration (FDA) is proposing a tobacco product standard that would prohibit menthol as a characterizing flavor in cigarettes.  Tobacco use is the leading preventable cause of death and disease in the United States.  Menthol’s flavor and sensory effects increase appeal and make menthol cigarettes easier to use, particularly among youth and young adults.  There are over 18.5 million menthol cigarette smokers ages 12 and older in the United States.  This proposed product standard would reduce the appeal of cigarettes, particularly to youth and young adults, and thereby decrease the likelihood that nonusers who would otherwise experiment with menthol cigarettes would progress to regular smoking.  In addition, the proposed tobacco product standard would improve the health and reduce the mortality risk of current menthol cigarette smokers by decreasing cigarette consumption and increasing the likelihood of cessation.  FDA is taking this action to reduce the tobacco-related death and disease associated with menthol cigarette use.  The proposed standard also is expected to reduce tobacco-related health disparities and advance health equity.

Tobacco Product Standard for Characterizing Flavors in Cigars
Docket No: FDA-2021-N-1309 
Comment Period Open Date: May 4, 2022
Comment Period End Date: July 5, 2022
Summary: The Food and Drug Administration (FDA) is proposing a tobacco product standard that would prohibit characterizing flavors (other than tobacco) in all cigars and their components and parts. Characterizing flavors in cigars, such as strawberry, grape, cocoa, and fruit punch, increase appeal and make the cigars easier to use, particularly among youth and young adults. Over a half million youth in the United States use flavored cigars. This proposed product standard would reduce the appeal of cigars, particularly to youth and young adults, and thereby decrease the likelihood of experimentation, development of nicotine dependence, and progression to regular use. FDA is taking this action to reduce the tobacco-related death and disease associated with cigar use. The proposed standard also is expected to reduce tobacco-related health disparities and advance health equity.

Proposed Regulations to Establish Tobacco Product Standards for Menthol in Cigarettes and Characterizing Flavors in Cigars:  Listening Sessions; Public Meeting; Request for Comments
Docket Nos: FDA-2021-N-1349 and FDA-2021-N-1309
Summary: The Food and Drug Administration (FDA) is announcing the following virtual listening sessions entitled “Proposed Regulations to Establish Tobacco Product Standards for Menthol in Cigarettes and Characterizing Flavors in Cigars:  Listening Sessions.”  The purpose of the listening sessions is to discuss two proposed regulations that are published elsewhere in this edition of the Federal Register which are, a tobacco product standard that would prohibit menthol as a characterizing flavor in cigarettes (“Tobacco Product Standard for Menthol in Cigarettes”; Docket No. FDA-2021-N-1349) and a tobacco product standard that would prohibit characterizing flavors (other than tobacco) in all cigars (“Tobacco Product Standard for Characterizing Flavors in Cigars”; Docket No. FDA-2021-N-1309).  FDA will provide information on the proposed rules to the public and provide the public an opportunity to provide open public comment.  


What makes an effective and useful comment?

Our decisions are based on science and law. We look for logic, good science, and other evidence in the comments we evaluate.

  • Provide a clear statement of whether you support or oppose the proposed rule or guidance.
  • Include any of the following that support your position:
    • data
    • research
    • analysis
  • Read more tips for submitting effective comments on the regulations.gov website.

Your role in shaping tobacco regulation

Our regulatory process generally follows these steps:

  1. Rule/Regulation Proposed
    We publish a proposed rule in the Federal Register.
  2. Public Comments Considered
    Our proposals generally have a 60-90 day review period.
  3. Final Rule Issued
    After considering all comments, we issue a final rule.
  4. Compliance with New Rule Enforced
    We must ensure that retailers and businesses comply with the regulation.

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