A judge in the United States has suspended a lawsuit over a ban on menthol cigarettes, postponing proceedings until August amid industry concerns that consumer demand for menthol cigarettes could lead to an illegal market despite the delay.
U.S. District Judge Haywood S. Gilliam issued a two-page order that halted the proceedings until mid-August in response to a joint petition by the government defendants and public health advocates, the Tobacco Reporter reported Feb 24. The lawsuit was filed by anti-tobacco groups to challenge a decision by the US Food and Drug Administration (FDA) to delay implementation of the menthol cigarette ban, and the judge put the case on hold in response to the Trump administration’s action.
Judge Haywood S. Gilliam of the U.S. District Court for the Northern District of California ordered a stay in a lawsuit between the Black Tobacco Control Leadership Council and the FDA over whether the agency legally delayed a final rule proposed by the Biden administration to ban menthol cigarettes from the market. The two sides submitted a joint proposal for a reprieve on February 18. At the end of January, the FDA withdrew its proposed rule banning mint as a characteristic flavor in cigarettes and banning all characteristic flavors in cigars.
The law firm Troutman Pepper Locke wrote in its tobacco law blog.
- “The recent withdrawal of the federal taste ban is a clear indication that the Trump administration has taken a less aggressive stance on rulemaking than the Biden administration.”
- “However, the withdrawal copy from the Office of Information and Regulatory Affairs does not elaborate on the reasons behind it. However, in the several comments submitted during the comment period for each proposed rule, ample reasons for withdrawing the proposal have been exhaustively stated.”
- “Regarding the menthol cigarette ban, the industry believes that despite the proposed ban, consumer demand for menthol cigarettes will lead to the proliferation of an illegal market.”
