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The U.S. Food and Drug Administration (FDA) plans to move forward with a regulatory rule that mandates lower nicotine levels in cigarettes, Fox News reports.
The FDA confirmed to Fox News Digital that the Tobacco Product Standard for Nicotine Level of Certain Tobacco Products had completed a regulatory review.
However, the proposed rule has not been finalized.
“Biden’s ban is a gift with a bow and balloons to organized crime cartels with it, whether it’s cartels, Chinese organized crime, or Russian mafia. It’s going to keep America smoking, and it’s going to make the streets more violent,” Rich Marianos, former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and the current chair of the Tobacco Law Enforcement Network, told Fox News Digital.
JUST IN: The Food and Drug Administration (FDA) is advancing a regulatory rule in the final days of the Biden administration that would effectively ban traditional cigarettes currently on the market, favoring products with lower nicotine levels. pic.twitter.com/am7eTOCLyn
— Resist the Mainstream (@ResisttheMS) January 7, 2025
Per Fox News:
“The proposed rule, ‘Tobacco Product Standard for Nicotine Level of Certain Tobacco Products,’ is displaying in the Office of Management and Budget’s (OMB) ROCIS system as having completed regulatory review on January 3,” an FDA spokesman told Fox Digital. “As the FDA has previously said, a proposed product standard to establish a maximum nicotine level to reduce the addictiveness of cigarettes and certain other combusted tobacco products, when finalized, is estimated to be among the most impactful population-level actions in the history of U.S. tobacco product regulation. At this time, the FDA cannot provide any further comment until it is published.”
Fox New Digital reached out to the White House regarding concerns over the proposal if it were to take effect but did not receive a response.
Former President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act in 2009, which granted the FDA the power to regulate tobacco products. In the years since, the agency has worked to lower nicotine levels, including in July 2017 under the Trump administration, when then-FDA commissioner Scott Gottlieb announced it would seek to require tobacco companies to drastically cut nicotine in cigarettes in an effort to help adult smokers quit.
In 2022, the FDA under the Biden administration announced plans for the proposed rule that would lower levels of nicotine so they were less addictive or non-addictive.
🚨Report: The (FDA) is moving forward with a regulatory rule in the final days of the Biden administration that would effectively ban cigarettes that are currently on the market in favor of products with lower nicotine levels.
Via: Fox News pic.twitter.com/QDCmwOl6PB
— The Calvin Coolidge Project (@TheCalvinCooli1) January 7, 2025
The FDA is moving forward with a new rule in the final days of the Biden administration that would ban most cigarettes currently on the market in favor of products with lower nicotine levels.
Critics warn the move could fuel black-market operations and benefit organized crime.… pic.twitter.com/IFaVnRcTmA
— Kyle Becker (@kylenabecker) January 7, 2025
“This decision is being thrown down the public’s throat without one ounce of thought and preparation. Nobody sat down with law enforcement, nobody sat down with any doctors, No one sat down with any regulators to find out, ‘Hey, look, what are the unintended ramifications of such a poor choice,’ and that’s what I’m going to call it, a poor choice,” Marianos said, according to Fox News.
From the New York Post:
It’s unclear if the FDA will issue a proposed rule outlining the looming regulation before Biden leaves office on Jan. 20.
Plans for the reform were announced in 2022 and the formal proposed rule had been expected in 2023. It’s unclear what accounts for the delay, though the FDA similarly has been slow to implement a ban on menthol cigarettes, which also was unveiled in 2022.
A proposed rule would be followed by a public notice and comment period, during which supporters and opponents would present their arguments ahead of a final decision.
The process almost certainly would bleed into President-elect Donald Trump’s administration, putting the final decision under control of the Republican’s nominees such as Health and Human Services secretary-designee Robert F. Kennedy Jr. and FDA commissioner-designee Marty Makary.