Several places have banned menthol cigarettes, including
Canada,
Ethiopia,
Turkey,
Moldova, the
European Union and the
United Kingdom.
Canada Canada imposed a nationwide ban on menthol cigarettes that took effect on 1 October 2017, though several
provinces had already banned it at the provincial level:
Quebec,
Alberta,
Nova Scotia,
Ontario and
New Brunswick.
Brazil In March 2012, Brazil became the first country to pass a law banning flavored cigarettes including menthol cigarettes, but has been unable to enact it due to the
tobacco industry interference resulting in a lengthy court battle. Philip Morris Brasil (PMB) had challenged the ban through its membership of The National Industry Confederation, arguing that the ban was
unconstitutional. According to
Philip Morris International's 2018 annual report, "The tobacco union requested a stay of the enforcement of the ingredient ban while the appeal is pending." The Brazilian government won the court case in February 2018, though as of 2025, this ban still remains to be implemented.
Europe In July 2015,
Moldova became the world's first country to enact a ban on menthol cigarettes. The law was signed by the president alongside numerous other anti-smoking laws to reduce the domestic use of smoking (tobacco use was over 50 percent of males and caused over 5,600 deaths per year). The
United States Chamber of Commerce lobbied against the legislation which delayed the bill until it was passed and signed by president
Nicolae Timofti. On 21 June 2013, EU health ministers agreed on a
directive to ban menthol cigarettes (technically "dual flavour cigarettes"). In response, the former German chancellor
Helmut Schmidt (1918–2015) was reported to have hoarded 200 cartons of his preferred menthol cigarette brand in his house. On 20 May 2020, menthol cigarettes were banned in all
European Union countries. Despite having left the EU in January 2020, the
United Kingdom also enacted the ban legislation. Studies have shown that the EU menthol cigarettes ban was effective in increasing quit attempts and quitting among pre-ban menthol smokers. In October 2014,
Serbia drafted anti-smoking laws including the ban of menthol cigarettes. In
Ukraine, menthol cigarettes are banned. In
Switzerland, the parliament rejected a bill to ban menthol cigarettes. On 5 January 2022, menthol cigarettes were banned in
Turkey. In 2023, the
Norwegian government stated that menthol cigarettes are set to be banned in 2024. As of July 2024, the ban is not yet enacted and expected to come in 2025.
United States Proposed ban in the United States Although the use of menthol in ointments and cough drops is regulated by the
Food and Drug Administration (FDA) in the United States of America, regulation of cigarettes was ruled to be outside their existing purview in 2000 by the Supreme Court in the 5–4 decision
FDA v. Brown & Williamson Tobacco Corp. This power was explicitly granted to the FDA by the 2009
Family Smoking Prevention and Tobacco Control Act, which also outright banned flavors in cigarettes other than menthol. On March 18, 2011, the
Tobacco Products Scientific Advisory Committee (an advisory panel to the FDA) concluded that removing menthol cigarettes from the market would benefit public health in the United States, but stopped short of recommending that the FDA take any specific actions, like restricting or banning the additive. In response, the tobacco industry released a report to the FDA in an effort to change the focus of the subject by claiming menthol cigarettes are no riskier than regular cigarettes and should not be regulated differently. A progress report on panel findings was expected from the FDA in July 2011. In November 2018 the FDA announced its intention to outlaw menthol cigarettes, later changing this position to advocate for restriction of flavored tobacco and e-cigarettes to a separate age-restricted room. The FDA stated that this change in position was due to their belief that they do not have the legal regulatory authority to unilaterally declare a ban, citing concerns that any such ban would result in litigation that the FDA would lose. In June 2020, two US
NGOs (African American Tobacco Control Leadership Council and Action on Smoking and Health) filed a lawsuit against the
FDA to try to force it to introduce a ban on menthol cigarettes in order to reduce health inequalities, noting that 85% of
African American smokers smoke menthol cigarettes. In April 2021, the FDA announced that it planned to ban the sale, manufacturing, and importation of menthol cigarettes and mass-produced flavored cigars, citing menthol’s highly addictive qualities and the racial disparities among those most likely to smoke menthol cigarettes. Proposed regulations were published for public comment in April 2022. The attempt was postponed indefinitely after negative public feedback, with particular controversy generated on both sides by the disproportionate use by African-Americans. The
Congressional Black Caucus issued a letter in support of a menthol cigarettes ban and opposed its postponement by the Biden administration. The
NAACP (National Association for the Advancement of Colored People) condemned the administration's postponement of the menthol cigarettes ban, stating "
The NAACP is outraged and disgusted, but we refuse to be deterred. We will continue to do whatever it takes to protect and advance Black life. This is what standing for community looks like." The
American Medical Association (AMA) also protested the postponement and joined a lawsuit intending to force the FDA to implement the ban. In 2025, the Trump Administration withdrew the proposed ban.
Opposition to proposed ban Several black advocacy groups have voiced opposition to a proposed ban on menthol in cigarettes. The
Congress of Racial Equality, the
National Black Chamber of Commerce, the
National Organization of Black Law Enforcement Executives,
National Action Network, and the
National Black Police Association have urged the FDA to reject a ban on mentholated cigarettes due to concerns that banning mentholated cigarettes could spur an illicit market for the outlawed products in minority communities. Many of these organizations have received funding from major tobacco companies, raising
conflict of interest concerns. The proposed menthol ban also saw opposition from organized labor. In December 2010, workers from the
Bakery, Confectionery, Tobacco Workers and Grain Millers' International Union protested outside a meeting between FDA officials and industry representatives in
Raleigh, North Carolina, arguing that a menthol ban would cost many workers their jobs. Additionally, the
National Association of Convenience Stores opposes the ban based on menthol cigarettes accounting for 4% of their sales. In a November 2023 letter to
Joe Biden, they claimed that their members made $23.7 billion in sales on menthol cigarettes and flavored cigars and another $10.7 billion in non-tobacco sales among these smoking customers during 2022. A 2020 US Surgeon General Report, Smoking Cessation, concluded that there is not enough evidence to support banning menthol as a way to reduce smoking. ==Health impact==