A potential ban on menthol flavoring in tobacco products has major tobacco groups fighting Food and Drug administration among other federal agencies in court trying to stop consideration of the measure.

Lorillard Inc and R.J. Reynolds Tobacco Co submitted a legal action against the FDA accusing the agency of conflicts of interest among members of Tobacco advisory committee, established by the FDA to examine the impact of menthol flavoring on tobacco users. According to the suit documents, three voting members of the panel have significant financial conflicts of interests, stating that these members got funding for the research from companies that make nicotine-replacement therapies.
The plaintiffs said another two members of a subcommittee as well are biased since they previously participated in litigations against cigarette-makers as paid expert witnesses.

The suit said that there would be no way for the public or tobacco companies to rely on the Tobacco Advisory Committee recommendations regarding menthol flavoring based on the unbiased evaluation, unaffected by certain interests and by the possibility of financial benefits. The Food And Drug Organization was granted with the power to regulate tobacco products in 2009 under the Tobacco Control Act ratified by the Congress, which particularly banned all flavorings in cigarettes, excluding menthol, as being attractive to minors. The FDA is able to regulate the contents of tobacco products and oblige that the ingredients be disclosed to public. The agency can as well restrict the marketing and advertising of tobacco products, particularly aimed at minors and young adults.

The Tobacco Control Act entitled the FDA to get recommendations from experts before deciding whether the menthol-flavored cigarettes should be prohibited from the US tobacco market. Advisers’ panel is scheduled to disclose their report in the end of March, however the FDA is not obliged to follow the recommendations of the committee, yet the agency has followed expert advices in the past. Public Health organizations named the lawsuit filed by tobacco giants a futile effort to hide the committee’s report from the public disclosure.
“The tobacco companies are concerned that the panel, having evaluated the evidence, would advice effective measures that limit or prohibit the sales of menthol-flavored cigarettes”, stated Matthew Myers, chairman of the Tobacco-Free Kids Campaign. “They once again show they are interested in earnings more than in the lives of people”.

Menthol-flavored cigarettes comprise nearly 30 percent of the U.S. cigarette market, according to the industry analysts. Lorillard has nearly 35 percent of the domestic menthol cigarette market with its flagship brand Newport, while RJ Reynolds manufactures Pall Mall, KOOL and Camel cigarettes in menthol.

Both Lorillard and RJ Reynolds, as well as its major rival Philip Morris USA, which does not participate in the litigation, have been opposing the menthol flavoring ban, since hearings over the issue started last year.