Altria GC Expresses Opposition on New FDA Proposal to Ban Menthol Cigarettes

Marlboro menthol cigarettes.

The general counsel of Altria Group, Inc. said the tobacco company is against a ban on menthol cigarettes proposed by the Food and Drug Administration Thursday but that it will "stay engaged" with the process.

Murray Garnick, the executive vice president and general counsel of Richmond, Virginia-based Altria Group Inc. said in a press release Thursday that the company is against a total ban on menthol cigarettes. According to the release, menthol products were approximately 20 percent of Altria's U.S. tobacco division Philip Morris USA retail share as of the third quarter.

"We continue to believe that a total ban on menthol cigarettes or flavored cigars would be an extreme measure not supported by the science and evidence. We expect that establishing product standards on menthol cigarettes and flavored cigars will be a multi-year, deliberative process, and we will be fully engaged throughout," Garnick said in the press release. "None of FDA’s proposed actions is self-executing. Each will require further action by FDA.”

According to reports from the Wall Street Journal, tobacco company Reynolds American Inc. said it would possibly take legal action should a ban on menthol cigarettes be implemented. RAI did not immediately respond to request for comment.

Thursday's FDA announcement came from Commissioner Scott Gottlieb, who named a ban on menthol cigarettes as one of many ways the agency hopes to protect youth from health risks associated with smoking, especially youth of color.

In Thursday's release, Gottlieb said that menthol cigarettes are especially popular among African-American minors.

"I noted that the popularity of menthol cigarettes with youth is especially troubling. In fact, youth smokers are more likely to use menthol cigarettes than any other age group," Gottlieb wrote.

"More than half (54 percent) of youth smokers ages 12-17 use menthol cigarettes, compared to less than one-third of smokers ages 35 and older. Prevalence of menthol use is even higher among African-American youth, with data showing that 7 out of 10 African-American youth smokers select menthol cigarettes," he continued.

Gottlieb then said the FDA would advance a notice of proposed rule-making to ban menthol in cigarettes and cigars. He also proposed a policy to ban flavored cigarettes and cigars and tighten restrictions on e-cigarettes. Garnick expressed his support for tougher e-cigarette regulations in Thursday's press release.

"We welcome FDA’s efforts to address the underage use of e-vapor products. That is why we believe Congress should raise the legal age of purchase for all tobacco products to 21," Garnick said. "We also applaud FDA’s continued recognition of the potential for innovative, less harmful products that can deliver nicotine to adults who want them."

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