Hawai‘i Attorney General Urges FDA to Ban Menthol Cigarettes

Hawaiʻi Attorney General Clare E. Connors joined a coalition of 23 attorneys general led by colleagues in Illinois and Idaho, in calling on the Food and Drug Administration to ban menthol cigarettes. The coalition argues that a ban on menthol cigarettes would benefit public health overall, decrease youth smoking, and help mitigate the harm of menthol cigarettes on minority populations.

“We must persist with our decades’ long campaign against smoking, including among our youth,” said Attorney General Connors. “We know menthol cigarettes make smoking more attractive and we also know that marketing of menthol cigarettes disproportionately impacts minorities. Banning them will positively impact the wellbeing of Hawaiʻi’s people and will improve the overall health of the state.”

The attorneys general urge the FDA to complete rulemaking to prohibit menthol cigarettes. The coalition argues that such a prohibition would save thousands of lives and should be implemented immediately. Despite the overall decline in non-menthol smoking, the coalition points out that the prevalence of menthol smoking has remained constant in recent years – and disproportionately impacts youth and minority populations. The attorneys general state that menthol cigarettes remain a major barrier to smoking cessation and the reduction of smoking-related health conditions.

The 1998 Tobacco Master Settlement Agreement between 46 states and the major cigarette manufacturers placed restrictions on the advertising, marketing and promotion of cigarettes and committed the parties to reducing underage tobacco use.

Due in part to the MSA, the group contends that youth cigarette smoking has declined significantly; however, menthol remains the primary reason youth begin, continue and become addicted to smoking. “Menthol in cigarettes disguises their harsh flavor, making it attractive for beginners who experiment with cigarettes, and ultimately become addicted,” the attorneys general said.

According to the coalition, data has demonstrated that menthol cigarettes increase the number of youth smokers because they find menthol cigarettes to be easier to smoke and perceive them to be less harmful than non-menthol cigarettes. The attorneys general point to 2019 data that estimated 46.7% of middle and high school-aged smokers use menthol cigarettes.

The coalition also argues the sensory effects and flavor of menthol can make cigarettes more addictive. The attorneys general argue that scientific evidence consistently demonstrates that removing menthol cigarettes from the marketplace will prevent more youth from smoking, improve smoking cessation outcomes and benefit public health overall. 

Joining Hawaiʻi Attorney General Clare E. Connors, Illinois Attorney General Kwame Raoul and Idaho Attorney General Lawrence Wasden in submitting the letter are the attorneys general of Connecticut, Delaware, the District of Columbia, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Mexico, New York, North Carolina, the Northern Mariana Islands, Oregon, Pennsylvania, Puerto Rico, Vermont, Washington, and Wisconsin.