The Trump administration, just days after taking office, withdrew proposed rules to ban menthol cigarettes and flavored cigars on January 21, 2025. This decision has stalled federal efforts to restrict these harmful products, frustrating public health officials and civil rights groups. Advocates remain hopeful, however, that a future administration could revive the menthol rule. 

Historical Context and Timeline

  • 2013: Public Health Law Center, alongside public health groups and the African American Tobacco Control Leadership Council (AATCLC), files a Citizen Petition urging the FDA to ban menthol due to its severe health impacts.
  • 2020: AATCLC and ASH sue the FDA for unreasonable delays in addressing menthol regulation.
  • 2021: FDA represents to the court that a menthol rule is forthcoming, so plaintiffs withdraw their case.
  • 2023: Biden administration delays menthol rule from August 2023 to March 2024. Plaintiffs refile their lawsuit for inaction.
  • 2024: Final rule sent to the Biden White House but never approved.
  • 2025: Trump administration withdraws the proposed rule.

In the Courtroom 

The fight over the menthol cigarette ban continues in federal court in the case of AATCLC v. the U.S. Department of Health and Human Services in the Northern District of California. On January 16, 2025, the plaintiffs argued against the government’s motion to dismiss the case. By February 4, 2025, the judge called the parties back to court for a status conference to question them about the implications of the withdrawal of the rule. Both sides agreed that the withdrawal neither terminates nor publishes the regulation. The withdrawal highlights the FDA's inaction, as it has not yet addressed the original Citizen Petition submitted over ten years ago.

Moving Forward 

Despite federal inaction, progress is being made at state and local levels, where flavored commercial tobacco policies have been implemented and consistently upheld in court. This situation highlights the persistent tension between public health priorities and federal regulatory delays, while also showcasing the success of communities in addressing the disproportionate health impacts of menthol tobacco products and the critical role of local policies in serving their populations.

Willow Najjar Anderson, Senior Staff Attorney
February 7, 2025