National Association of Tobacco Outlets
Working to protect the rights of tobacco retailers and legal-age adult consumers.
  • About
    About NATO
    Mission Statement
    Committees
    Staff
  • NATO News
  • Legislative
    Legislative Monitor
    State Legislative Links
    Find Your Elected Officials
    Federal Excise Tax Increase Study
    State Regulatory Maps
    Cigarette Nicotine Limits Economic Impact Study
    Retail Theft Tracker
  • Tax Maps
  • FDA
    Background
    State Tax & MSA Reports
    State Tax & MSA Infographics
    Summary of FDA Deeming Regulations
    Enforcement Actions
  • Members
    Wholesale / Distributors
    Associates
  • Join
    Value of Membership
    Retailer Application
    Convenience / Chain Store Application
    Manufacturer Application
    Wholesale / Distributor Application
    Associate Application
  • Webinars
  • Local Ordinances
  • We Card
NATO Statement Regarding FDA Announcement on Proposed Policies for Sale of Flavored E-Cigarettes, Flavored Cigars, and Menthol Cigarettes
November 15, 2018
CNBC Interview: FDA Commissioner Gottlieb Suggests Restricting Cartridge E-Cigarette Sales to Adult-Only Vape Shops
October 21, 2018
FDA Plans to Consider Banning Flavors in Cigars
October 21, 2018
Save the Date: 2019 TPE Show and NATO Education Seminar
September 28, 2018
State Legislative Bill Introductions
September 20, 2018
NATO Submits Comments to FDA on Flavors in Tobacco Products
July 19, 2018
NATO Submits Comments to FDA on Possible Nicotine Levels
July 16, 2018
State Legislative Bill Actions
June 12, 2018
State Legislative Bill Introductions
June 12, 2018
State Legislative Bill Actions
May 30, 2018
State Legislative Bill Introductions
May 30, 2018
NATO Submits Comments to FDA on Flavors in Tobacco Products
July 19, 2018

Today, NATO submitted the accompanying comments to the U.S. Food and Drug Administration in response to the agency’s Advanced Notice of Proposed Rulemaking (ANPRM) regarding the role of flavors in tobacco products. In the ANPRM, the FDA requested comments from the public and the industry about the use of flavors in cigarettes (menthol) and other tobacco products. This ANPRM indicates that the agency is considering restrictions or prohibitions on the use of flavors in tobacco products.

In NATO’s comments, the association focuses on many different issues and concerns raised by this ANPRM which include the following:

1. The importance of consumer choice for flavored products whether that be soft drinks, coffee, alcoholic beverages or tobacco products.

2. The Congressional limitation imposed on the FDA that prohibits the agency from banning an entire class of tobacco products. However, an across the board ban on flavors would for all intents and purposes prohibit the sale of pipe tobacco and many other categories of products including certain cigars, electronic cigarettes, vapor products and hookah tobacco.

3. The FDA’s potential consideration of restricting or prohibiting the advertisement of flavored tobacco products is unconstitutional since the First Amendment of the U.S. Constitution protects free speech, which includes commercial speech in the form of advertising.

4. The likelihood of a significant illicit market for menthol cigarettes and flavored tobacco if the FDA mandates the elimination of flavors.

5. The need to conduct an educational campaign so that adults do not serve as a source of tobacco for underage youth.

6. The decline in the legal sale of cigarettes and tobacco products and the need for a fiscal impact analysis so that state and federal lawmakers are aware of the potential for reduced cigarette and tobacco product excise tax revenue and sales tax collections.

7. The impact of banning flavors in tobacco products on the public health.

The FDA will review all the comments submitted in response to this ANPRM and then decide whether to propose any new regulations regarding the use of flavors in tobacco products.

NATO's Comments

State Legislative Bill Introductions
NATO Submits Comments to FDA on Possible Nicotine Levels
© Copyright 2025 NATO. All Rights Reserved | david.spross@natocentral.org | Contact Us