The Biden administration’s Food and Drug Administration (FDA) unveiled a groundbreaking proposal on Wednesday aimed at reducing nicotine levels in cigarettes and certain tobacco products to minimal or nonaddictive levels. This move, if finalized, could mark a historic shift in tobacco regulation in the United States.
“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,” the FDA stated. “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 proposed “Tobacco Product Standard for Nicotine Level of Certain Tobacco Products” would cap nicotine levels at 0.7 milligrams per gram of tobacco. This level is significantly lower than what is currently found in most cigarettes. Despite concerns about the implications of such a rule, FDA Commissioner Robert Califf highlighted its potential to save lives, told Fox News.
“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,” Califf stated. “This action, if finalized, could save many lives and dramatically reduce the burden of severe illness and disability.”
However, the proposed regulation has sparked criticism and concerns about unintended consequences. Experts warn that criminal organizations could exploit the reduced nicotine rule by flooding the market with illicit cigarettes containing higher nicotine levels.
“Biden’s ban is a gift with a bow and balloons to organized crime cartels,” said Rich Marianos, former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. He cautioned that illegal tobacco sales could increase, making the streets more violent and exposing Americans to unregulated products.
Critics also point to past examples, such as Massachusetts’ 2020 menthol cigarette ban, which led to a rise in black-market activity. Marianos’ Tobacco Law Enforcement Network recently reported a significant bust involving illegal menthol cigarettes and other contraband.
This proposal builds on decades of efforts to regulate tobacco. Former President Barack Obama granted the FDA authority over tobacco in 2009, and the agency has pursued nicotine reduction since 2017. While supporters hail the move as a life-saving measure, the debate over its societal impact continues.
The rule has yet to be finalized, with the FDA seeking public input and further regulatory review before implementation.