How Will the Tobacco Industry Respond to the Menthol Cigarette Ban?

Abstract

In a continuation of federal bans against flavored tobacco and e-cigarettes, the U.S. Food and Drug Administration announced in April 2021 that it will be banning menthol cigarettes and flavored cigars, citing reports of addictiveness and health risks, particularly among low-income smokers and people of color. The tobacco industry, predictably, is expected to fight the ban, but advocacy groups including the American Civil Liberties Union are also coming out against it, arguing that the ban will unfairly (and possibly punitively) affect Black communities, to whom menthol cigarettes have historically been marketed. This case asks students to discuss the ban and to assess its possible impact.