The FDA issued an ANPRM seeking feedback on potential regulation of menthol cigarettes. Under its statutory authority, FDA is empowered to regulate, and restrict, the sale of tobacco products if the agency determines that such a regulation is appropriate for the protection of public health.

With respect to this ANPRM, FDA solicited comments on its preliminary research, data, and evaluations pertinent to the regulation and/or restriction of menthol cigarettes, including: the establishment of a tobacco product standard for menthol, the sale and distribution of menthol cigarettes, and "other actions and considerations."

This ANPRM received 106,273 comments from July 23, 2013 to November 22, 2013.

A citizen petition requesting FDA take action on menthol cigarettes was filed on May 14, 2013.

The FDA issued another ANPRM requesting information on menthol cigarettes on March 21, 2018.