Proposed Rules. Notification of public meeting; request for comments

Agency: Food and Drug Administration, Department of Health and Human Services (HHS)
Action: Notification of public meeting; request for comments
Citation: FR Doc. 2022-09302 · Docket Nos. FDA-2021-N-1349 and FDA-2021-N-1309 · 21 CFR 1162, 1166

Summary

The Food and Drug Administration (FDA, the Agency, or we) is announcing the following virtual listening sessions entitled “Proposed Regulations to Establish Tobacco Product Standards for Menthol in Cigarettes and Characterizing Flavors in Cigars: Listening Sessions.” The purpose of the listening sessions is to discuss two proposed regulations that are published elsewhere in this issue of the Federal Register , a tobacco product standard that would prohibit menthol as a characterizing flavor in cigarettes (“Tobacco Product Standard for Menthol in Cigarettes”; Docket No. FDA-2021-N-1349) and a tobacco product standard that would prohibit characterizing flavors (other than tobacco) in all cigars (“Tobacco Product Standard for Characterizing Flavors in Cigars”; Docket No. FDA-2021-N-1309). FDA will provide information on the proposed rules to the public and provide the public an opportunity to provide open public comment.

Dates

The listening sessions will be held on two separate days on June 13 and 15, 2022. All requests to make open public comment must be received by June 6, 2022, at 11:59 p.m. Eastern Time. FDA reminds the public that, in addition to providing comments through these meetings, commenters may submit either electronic or written comments on one or both of the proposed rules set out in the SUMMARY by July 5, 2022. See the SUPPLEMENTARY INFORMATION section for registration date and information.

Supplementary Information

I. Background Published elsewhere in this issue of the Federal Register , FDA is proposing two product standards: (1) A tobacco product standard that would prohibit menthol as a characterizing flavor in cigarettes (“Tobacco Product Standard for Menthol in Cigarettes”; Docket No. FDA-2021-N-1349) and (2) a tobacco product standard that would prohibit characterizing flavors (other than tobacco) in all cigars (“Tobacco Product Standard for Characterizing Flavors in Cigars”; Docket No. FDA-2021-N-1309). Characterizing flavors in tobacco products, including menthol, enhance taste and make them easier to use. Menthol's flavor and sensory effects reduce the harshness of cigarette smoking and make it easier for new users, particularly youth and young adults, to continue experimenting and progress to regular use. Characterizing flavors in cigars, such as strawberry, grape, cocoa, and fruit punch, increase appeal and make the cigars easier to use, particularly among youth and young adults. FDA is proposing these two tobacco product standards because they would significantly reduce disease and death from combusted tobacco product use, the leading cause of preventable death in the United States. There are over 18.5 million menthol cigarette smokers ages 12 and older in the United States. The proposed “Tobacco Product Standard for Menthol in Cigarettes” rule would reduce the appeal of cigarettes, particularly to youth and young adults, and thereby decrease the likelihood that nonusers who would otherwise experiment with menthol cigarettes would progress to regular smoking. In addition, this proposed tobacco product standard would improve the health and reduce the mortality risk of current menthol cigarette smokers by decreasing cigarette consumption and increasing the likelihood of cessation. Over a half million youth in the United States use flavored cigars. The proposed “Tobacco Product Standard for Characterizing Flavors in Cigars” rule would reduce the appeal of cigars, particularly to youth and young adults, and thereby decrease the likelihood of experimentation, development of nicotine dependence, and progression to regular use. This proposed standard also would improve public health by increasing the likelihood that existing users of flavored cigars would quit. FDA is issuing both proposed product standards to reduce the tobacco-related death and disease associated with menthol cigarette and flavored cigar use. The proposed standards also are expected to reduce tobacco-related health disparities and advance health equity. II. Topics for Discussion at the Listening Sessions The listening sessions will provide the public an opportunity to provide open public comment on the proposed product standard rules. Both proposed rules will be discussed at each session. Although the public can submit their questions and comments directly to the dockets, the listening sessions will enable FDA to share public information ( i.e., what is contained in the rules and related documents) and facilitate comment on the proposed rules. After introductions, FDA will begin each listening session with an overview of both proposed rules. Then the registered speakers will have approximately 5 minutes each to share their comments on any topics related to the product standards. FDA is particularly interested in the areas where we specifically requested comment in the proposed rules and the associated preliminary regulatory impact analyses. III. Participating in the Listening Sessions Registration: To register to attend the free listening sessions, please visit the following website: https://www.fda.gov/tobacco-products. Registration information will be posted soon. Live closed captioning will be provided during the listening sessions. Additional information on requests for special accommodations due to a disability will be provided during registration. Requests to Provide Open Public Comment: During online registration you may indicate if you wish to make open public comments during the listening sessions. All requests to make open public comment must be received by June 6, 2022, at 11:59 p.m. Eastern Time. We will do our best to accommodate requests to make public comments. We are seeking to have a broad representation of ideas and perspectives presented at the meeting. FDA is especially interested to hear from those individuals or communities who may be less likely or less able to provide formal written comments through the standard process of docket submission. Individuals and organizations with common interests are urged to consolidate or coordinate their comments and request time for a joint presentation. FDA will determine the approximate time open public comments are to be provided and will notify all registrants who requested to make public comment ahead of the listening session. FDA will not accept presentation materials for the listening sessions. Instead, any materials can be submitted to the respective docket noted in the “Docket” section of this document before the end of the comment period. Transcripts: Please be advised that as soon as transcripts of the listening sessions are available, they will be accessible at https://www.regulations.gov. They may be viewed at the Dockets Management Staff (see ADDRESSES ). A link to the transcripts and recordings will also be available on the internet at https://www.fda.gov/tobacco-products. Dated: April 26, 2022. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2022-09302 Filed 4-28-22; 11:15 am]