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NATIONAL - FDA MENTHOL CIGARETTE RULE - ACTION NEEDED

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    Call to Action 

     

      The Food and Drug Administration (FDA) has submitted the rule that would ban menthol cigarettes to the Office of Management and Budget (OMB) for final review.  This is step 8 of the 9-step rule making process. 

     

    We expect the OMB review period to be 30 to 90 days and then expect the FDA to publish the final rule a week or so after OMB’s review is completed.  I want to remind you all that if/when the final rule is published it will not take effect immediately as there will be a specific time associated with the enactment, likely 1+ years following publication.  We encourage all trade associations that believe this ban would have some impact on its members to weigh in on the rule in October by doing the following.

     

    Requests for trade associations:

    1. Trade association leadership to request a meeting with the Office of Information and Regulatory Affairs (OIRA) by clicking on this link:  https://www.reginfo.gov/public/do/eo/neweomeeting?rin=0910-AI60
      1. A high volume of these requests is desired.
      2. The meeting request can only be 500 characters in length.

     

    1. Send a call to action out to your member base calling on the Biden administration to not finalize the rule to ban menthol cigarettes.  Any or all of the below forms are appreciated.
      1. Calls in to the White House – 202-456-1414
      2. Text the White House - (302) 404-0880
      3. Email the White House - https://www.whitehouse.gov/contact/

     

    For both item requests above, we encourage you to speak about three key topics as they relate to your association/members in terms of impact.  They are:

    • Economic impact/irreparable harm on small business of the rule.  What it would mean to your bottom line as well as the ancillary sales associated with current menthol purchases.
    • The crime aspect associated with this rule and what it means for the safety of your employees.
    • The FDA has not proven it can demonstrate viable enforcement on illegal vape products...so how can they realistically enforce a menthol cigarette ban?