Reducing the Adverse Public Health Impact of Menthol Cigarettes in Disparate Populations

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On January 2, 2020, the US Food and Drug Administration (FDA) announced their intention to prioritize enforcement against e-cigarettes marketed without FDA authorization that are cartridge-based and available in flavors other than tobacco or menthol.¹ This new focus on restricting the sale of flavored e-cigarette products—which comes on the heels of a new Tobacco 21 policy in the United States signed into law on December 20, 2019, that restricts the sale of all tobacco products to those under the age of 21²—is the latest among a flurry of local and state policies over the last several years aimed at reducing tobacco product use among young people. While the prohibition of flavored e-cigarette products mirrors a similar 2009³ policy prohibiting the sale of cigarettes with characterizing flavors—which similarly aimed to reduce the appeal of tobacco products to youth—the notable identical exemption for menthol products in this most recent policy on flavored e-cigarettes once more raises substantial concern regarding efforts to reduce and prevent tobacco use among the most disparate of populations.