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

The Biden administration’s Food and Drug Administration (FDA) took a significant new step on Wednesday that would effectively ban cigarettes currently on the market in favor of those with lower levels of nicotine.

“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 FDA first announced its intent to propose such a rule in 2018, and today’s announcement is an important next step in the rulemaking processExternal Link Disclaimer. The agency intends to seek input on the proposal, including through public comment and the FDA’s Tobacco Products Scientific Advisory Committee,” it added. 

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. 

BIDEN ADMIN WORKING TO EFFECTIVELY BAN CIGARETTES IN 11TH HOUR PROPOSAL A ‘GIFT’ TO CARTELS, EXPERT SAYS 

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

“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.”

Fox News Digital reported earlier this month, when the rule cleared an FDA regulatory review, that if nicotine levels in cigarettes are lowered under federal regulation, experts say cartels running black market sales of cigarettes will likely benefit.

“Biden’s ban is a gift with a bow and balloons to organized crime cartels with it, whether it’s cartels, Chinese organized crime, or Russian mafia. It’s going to keep America smoking, and it’s going to make the streets more violent,” 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, told Fox News Digital earlier this month. 

Marianos said that criminal groups would likely quickly catch on to the proposal if it takes effect and subsequently amplify their tobacco operations – which he says will serve as an economic boon for the criminals. 

Americans who want to purchase cigarettes with higher levels of nicotine would then need to go through the illicit channels to obtain them, similar to buying “loosie” cigarettes on the streets of New York, putting average Americans at further criminal risk while also offering them cigarettes that are not regulated and originating from foreign nations. 

BIDEN ADMIN FACING CONGRESSIONAL PROBE OVER PROPOSED BAN ON MENTHOL CIGARETTES

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. The administration announced last year, however, it was abruptly delaying such regulations as the public decried the move. A handful of groups argued that banning menthol unfairly targeted minority communities, while others argued the ban would open the floodgates to illicit menthol sales.

A close-up view of cigarettes. (Photo by Matt Cardy/Getty Images)

“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.”

POPULAR ITALIAN CITY OFFICIALLY BANS CIGARETTE SMOKING OUTDOORS

The state of Massachusetts banned menthol cigarettes and flavored tobacco in 2020, with local police since uncovering illegal menthol cigarette sales in the state, including just this month when a man was busted with 700 packs of unstamped menthol cigarettes, as well as 38 bags of crack cocaine, the Boston Herald reported. 

“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. 

Former President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act in 2009, which granted the FDA the power to regulate tobacco products. In the years since, the agency has worked to lower nicotine levels, including in July 2017 under the Trump administration, when then-FDA Commissioner Scott Gottlieb announced it would seek to require tobacco companies to drastically cut nicotine in cigarettes in an effort to help adult smokers quit.

BIDEN ADMIN ABRUPTLY DELAYS PLAN TO BAN MENTHOL CIGARETTES AMID WIDESPREAD OPPOSITION

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)

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

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“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.