Deadline of July 5: Public Commenting Period Open on FDA Proposed Menthol Ban.

On April 28, 2022, the Food and Drug Administration (FDA) announced that it has issued proposed rules to prohibit menthol as a characterizing flavor in cigarettes and prohibit all characterizing flavors (including menthol) in cigars.
 
FDA provided more background about these proposed rules in a fact sheet, and has a web page explaining how the public can submit comments and participate in two listening sessions in June. The Virtual Listening Sessions entitled “Proposed Regulations to Establish Tobacco Product Standards for Menthol in Cigarettes and Characterizing Flavors in Cigars:  Listening Sessions” will be held on June 13^th and June 15^th.

Comment Period Open Date: May 4, 2022
Comment Period End Date: July 5, 2022

Although FDA has granted requests to briefly extend (e.g., 30 days) comment periods in the past, the public health community should not assume this will
happen and should plan on July 5^th as the deadline, unless it receives additional information from FDA.
 
The Public Health Law Center is a resource that recipients can use to receive technical assistance on submitting written comments. They should contact Desmond Jenson (Desmond.Jenson@mitchellhamline.edu) with a cc: to Mark Meaney (mark.meaney@mitchellhamline.edu).
 
Recipients do not need to review or build off past submissions; the links to past dockets are included here in case it is helpful for recipients to familiarize themselves with the scope and range of comments that tend to be submitted.
 
Past docket submissions from the 2013 Menthol in Cigarettes, Tobacco Products Advance Notice of Proposed Rulemaking can be accessed here: https://www.regulations.gov/document/FDA-2013-N-0521-0001/comment
Past docket submissions from the 2018 Regulation of Flavors in Tobacco Products Advance Notice of Proposed Rulemaking can be accessed here: https://www.regulations.gov/document/FDA-2017-N-6565-0001/comment