F.D.A. Moves to Ban Sales of Menthol Cigarettes. A Significant Win for Pollock Cohen Clients in Lawsuit Against FDA

In, "F.D.A. Moves to Ban Sales of Menthol Cigarettes" (The New York Times, April 28, 2022), the article reports on the Food and Drug Administration’s announced plan to ban sales of menthol-flavored cigarettes in the United States, a measure many public health experts hailed as the government’s most meaningful action in more than a decade of tobacco control efforts. Public health experts say the proposal could save hundreds of thousands of lives, especially among Black smokers — 85 percent of whom use menthol products.

The Pollock Cohen team represented the plaintiffs in the lawsuit against the FDA which was initiated by the following organizations behind the Citizen Petition: Action on Smoking and Health (ASH), African American Tobacco Control Leadership Council (AATCLC), the American Medical Association (AMA), and the National Medical Association (NMA).

The New York Times article notes that, “Public health experts say menthol cigarettes have been heavily marketed to Black people, to devastating effect: African American men have the highest rates of lung cancer in America, according to the Centers for Disease Control and Prevention.” In addition, it notes that “Taking menthol cigarettes off the market is expected to further reduce smoking levels. If the United States’ experience mirrors that of Canada after it banned menthol cigarettes, 1.3 million people would quit smoking and potentially hundreds of thousands of premature deaths could be averted.”

The Plaintiffs released a joint statement after the FDA's action celebrating this "powerful step towards banning menthol and saving lives, especially Black lives."

To read the full article and the joint statement, click on the links to the right (subscription may be required).