Will the FDA ban fruity vapes soon after menthol cigarettes?

The long-awaited US ban on menthol cigarettes is set to be finalized in the coming months, according to the Food and Drug Administration (FDA). This move comes after years of deliberation and planning, with the aim of phasing out minty tobacco products by 2024.

Anti-tobacco activists have long argued that menthol cigarettes act as a gateway to addiction for young individuals. Similar concerns have also been raised about fruit-flavored vape devices, which recent studies suggest carry similar health risks to traditional cigarettes. It is worth noting that while menthol cigarettes make up a small portion of overall cigarette sales in the US, they account for a disproportionately high percentage (85%) of black smokers.

The FDA has been considering regulations for menthol cigarettes for over a decade, given that they hold a significant 40% share of the market. This flavoring effectively masks the taste of tobacco, making it more appealing, particularly to children, while also intensifying the effects of nicotine on the brain and increasing the desire to smoke.

In response to inquiries, an FDA spokesperson stated that they are committed to finalizing the tobacco product standard on menthol as a characterizing flavor in cigarettes and aim to complete the rule in the coming months. However, there have been frustrations regarding the FDA’s delays in implementing this ban, with public health groups urging the agency to prioritize the health and well-being of the nation’s youth.

The FDA’s history of delays in tobacco regulation has faced criticism in the past. In 2018, the agency faced legal action from various public health organizations for its failure to enforce regulations on flavored e-cigarette manufacturers who targeted children with their advertising. A federal judge ruled in favor of the public health groups, highlighting the agency’s neglect of its responsibilities. The FDA has been catching up by issuing numerous product marketing denials this year.

Flavored e-cigarettes, including menthol, have proven to be highly addictive to children, particularly those who are new to smoking. The appealing fruity and sweet flavors mask the less desirable taste of tobacco, and this is true for menthol cigarettes as well. Despite their minority share in the overall cigarette market, menthol cigarettes have a significantly higher user rate among the black community (85%) compared to white smokers (30%). Additionally, half of adult smokers in the US became addicted to nicotine through menthol cigarettes during their teenage years.

While several states, like California and Massachusetts, have implemented bans on flavored tobacco products as a litmus test, it remains to be seen how the federal government will institute a broader ban. Massachusetts, for example, witnessed a decrease in cigarette sales after implementing an all-out ban on flavored tobacco products, including menthols and e-cigarettes. However, this ban also resulted in an illicit market for these products and concerns about increased arrests and incarceration rates among black communities have been raised.

In conclusion, the impending ban on menthol cigarettes in the US is a significant development in tobacco regulation. The decision aims to protect young individuals from developing an addiction and address health risks associated with menthol-flavored products. However, concerns about the potential consequences of the ban, such as the emergence of black markets and increased criminalization, must also be taken into account. Balancing public health concerns with potential unintended consequences will be crucial in successfully implementing and enforcing this ban.

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