The Food and Drug Administration (FDA) is moving forward with a regulatory rule to ban cigarettes currently on the market in favor of products with lower nicotine levels. The proposal, which has completed a regulatory review, would effectively end the sale of cigarettes with higher nicotine levels, in an effort to reduce the addictiveness of cigarettes and certain other combusted tobacco products.
However, this move is being met with concerns from experts that it will lead to a surge in the illegal tobacco trade, benefiting criminal organizations such as cartels, Chinese and Russian mafias, and leading to a more violent and unregulated market.
Rich Marianos, a former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, warns that the proposal is “a gift with a bow and balloons to organized crime cartels” and will “keep America smoking and make the streets more violent.” He notes that the flood of counterfeit and unregulated tobacco products will happen quickly, and criminal groups will capitalize on the situation.
The FDA’s plan to lower nicotine levels is based on the idea that it will make cigarettes less addictive, which could lead to a reduction in smoking and an increase in quitting. However, Marianos believes that the plan is poorly thought out and will have unintended consequences, including an increase in smoking and a boon to organized crime.
The proposal has already been criticized by lawmakers from both parties, who argue that it poses a grave national security threat due to the potential for illegal tobacco trafficking and the financial power of criminal organizations such as Mexican cartels.
The FDA’s plan is part of a larger effort to reduce the harm caused by tobacco products, which have been shown to be a major public health crisis. The agency has previously sought to regulate tobacco products, including a proposal to reduce the levels of nicotine in cigarettes, which was announced in 2022.
Despite the concerns, the FDA has not yet finalized the proposal, which is currently undergoing review by the Office of Management and Budget. President Biden has not yet commented on the proposal, and it remains to be seen whether it will take effect.