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Getting the latest healthcare news for you
When the FDA proposed banning menthol cigarettes and flavored cigars in 2022, the public comment process was quietly overtaken by tobacco industry interests. A new JAMA Network Open study found that 98% of the nearly 247,000 comments were form letters echoing tobacco company talking points. The proposed rules were ultimately withdrawn in 2025, raising serious concerns about the integrity of federal health policymaking.
When the FDA opened its comment period on proposed bans of menthol cigarettes and flavored cigars in 2022, it was supposed to be a chance for everyday Americans to weigh in on major public health policy. Instead, a new study in JAMA Network Open reveals the process was effectively captured by the tobacco industry — with 98% of the nearly 247,000 comments being form letters that mirrored tobacco company messaging.
Researchers found that 46% of menthol cigarette comments contained content directly traceable to tobacco giants like RAI Services (32%) and Altria's Marlboro (12%). After stripping out form letters, only about 2% of submissions were truly unique — yet the sheer volume of industry-driven comments was used to justify delays in rulemaking. The proposed bans were ultimately withdrawn in 2025.
By the Numbers:
Why it matters: The withdrawal of these policies is expected to have real consequences for tobacco-related illness and death in the U.S., while menthol cigarette and flavored cigar markets continue to grow — disproportionately impacting minority communities.
