The Biden administration moves forward with an 11th-hour plan to effectively prohibit cigarettes.

Earlier this month, the FDA overcame a regulatory obstacle with critics warning that the decision would benefit cartels and the black market.

The Biden administration moves forward with an 11th-hour plan to effectively prohibit cigarettes.
The Biden administration moves forward with an 11th-hour plan to effectively prohibit cigarettes.

On Wednesday, the FDA under the Biden administration announced a new measure that would effectively phase out existing cigarettes in favor of those with lower nicotine levels.

The FDA has proposed a rule that, if finalized, would limit the level of nicotine in cigarettes and certain other combusted tobacco products, making them minimally or nonaddictive. This would be a first for the United States, as no other country has taken such a bold, life-saving action to prevent and reduce smoking-related disease and death.

The FDA has announced its plan to propose a rule in 2018, and the current announcement is a crucial step in the rulemaking process. The agency will seek feedback on the proposal through public comment and the FDA's Tobacco Products Scientific Advisory Committee.

The "Tobacco Product Standard for Nicotine Level of Certain Tobacco Products" has passed a regulatory hurdle, but the rule is not yet published or finalized.

Biden speaking closeup shot
President Biden's FDA is seeking to ban cigarettes with higher levels of nicotine. (AP Photo/Susan Walsh, File)

"The FDA Commissioner, Robert M. Califf, M.D., stated that multiple administrations have recognized the immense opportunity that a proposal of this kind presents to address the burden of tobacco-related disease. The proposal aims to reduce the likelihood of young people using cigarettes and increase the number of individuals who currently smoke quitting or switching to less harmful products. If finalized, this action could save many lives and reduce the burden of severe illness and disability, while also saving a significant amount of money. The commissioner emphasized that significantly reducing the leading cause of preventable death and disease in the U.S. is an admirable goal that everyone should work towards."

The FDA's press release clarifies that the proposed rule does not prohibit the sale of cigarettes or any other tobacco products, but rather sets a limit on the nicotine content in these products. Specifically, the rule aims to 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 currently available on the market.

Experts predict that if the FDA regulates nicotine levels in cigarettes, black market cigarette sales will increase, benefiting cartels.

The ban on Biden is a gift to organized crime cartels, including Chinese organized crime and Russian mafia, and will keep America smoking and make the streets more violent, according to 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, who spoke to Planet Chronicle Digital earlier this month.

If the proposal takes effect, criminal groups are likely to quickly catch on and amplify their tobacco operations, which Marianos says will serve as an economic boon for the criminals.

To acquire cigarettes with higher nicotine levels, Americans would have to resort to illegal channels, similar to purchasing "loosie" cigarettes in New York, putting them at greater risk of criminal activity while also obtaining cigarettes that are unregulated and from foreign sources.

The Biden administration's push for a cigarette rule at the 11th hour of his administration is a result of his previous attempt to ban menthol cigarettes as part of his Cancer Moonshot initiative. However, the administration abruptly delayed such regulations last year, sparking public outcry. Some groups argued that banning menthol would unfairly target minority communities, while others claimed it would lead to an increase in illicit menthol sales.

Cigarettes stacked up in a pyramid
A close-up view of cigarettes. (Photo by Matt Cardy/Getty Images)

"Health and Human Services Secretary Xavier Becerra stated that the rule has received significant attention and feedback during the public comment period, including from various civil rights and criminal justice movement elements. He acknowledged that there is still much to discuss and it will take a considerable amount of time to resolve."

In 2020, the state of Massachusetts prohibited menthol cigarettes and flavored tobacco. However, local police have discovered illegal sales of menthol cigarettes in the state, including a recent incident where a man was arrested with 700 packs of unstamped menthol cigarettes and 38 bags of crack cocaine, according to the Boston Herald.

This week, the Massachusetts Tobacco Law Enforcement Network posted on X that menthols and dangerous criminals took advantage of the ban to establish an illegal supply chain and generate millions in the underground market.

The FDA, granted power by former President Barack Obama to regulate tobacco products, has since worked to lower nicotine levels, including under the Trump administration when then-FDA Commissioner Scott Gottlieb announced the agency would require tobacco companies to drastically cut nicotine in cigarettes to help adult smokers quit.

Biden and cigarette smoker photo illustration
The Biden administration pushing the cigarette rule at the 11th hour of his administration comes after its previous effort to ban menthol cigarettes ​​in what was described as a "critical" piece of President Biden's Cancer Moonshot initiative. (Getty Images)

In 2022, the FDA declared plans for a rule that aims to reduce nicotine levels to make them less addictive or non-addictive.

At the time, FDA Commissioner Robert Califf stated that reducing nicotine levels to the point of being minimally addictive or non-addictive would decrease the likelihood that future generations of young people would become addicted to cigarettes and help more currently addicted smokers to quit.

by Emma Colton

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