Biden admin plows ahead with 11th hour plan to effectively ban cigarettes

"Today, the U.S. Food and Drug Administration issued a proposed rule that, if finalized, would make cigarettes and certain other combusted tobacco products minimally or nonaddictive by limiting the level of nicotine in those products. If finalized, the United States would be the first country globally to take such a bold, life-saving action to prevent and reduce smoking-related disease and death," the FDA said in a statement on Wednesday. 

The "Tobacco Product Standard for Nicotine Level of Certain Tobacco Products" cleared a regulatory hurdle earlier this month. The rule is not yet published or finalized. 

"Multiple administrations have acknowledged the immense opportunity that a proposal of this kind offers to address the burden of tobacco-related disease," said FDA Commissioner Robert M. Califf, M.D. "Today's proposal envisions a future where it would be less likely for young people to use cigarettes and more individuals who currently smoke could quit or switch to less harmful products. This action, if finalized, could save many lives and dramatically reduce the burden of severe illness and disability, while also saving huge amounts of money. I hope we can all agree that significantly reducing the leading cause of preventable death and disease in the U.S. is an admirable goal we should all work toward."

The FDA's press release states that "the proposed rule would not ban cigarettes or any other tobacco products," and instead "cap the nicotine level at 0.7 milligrams per gram of tobacco in cigarettes and certain other combusted tobacco products, which is significantly lower than the average concentration in these products on the market today."

"This rule has garnered historic attention and the public comment period has yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement," Health and Human Services Secretary Xavier Becerra said at the time. "It's clear that there are still more conversations to have, and that will take significantly more time."

"Mass. banned menthols and dangerous criminals stepped right in to create an illegal supply chain and make millions in the underground market," Marianos' Tobacco Law Enforcement Network posted to X this week about the bust. 

The FDA announced in 2022 plans for the proposed rule that would lower levels of nicotine so they are less addictive or non-addictive.

"Lowering nicotine levels to minimally addictive or non-addictive levels would decrease the likelihood that future generations of young people become addicted to cigarettes and help more currently addicted smokers to quit," FDA Commissioner Robert Califf said at the time.