March 20, 2025

IN LITIGATION

In re Withdrawal of FDA Tobacco Product Standard for Nicotine Yield Proposed Rule

On March 20, 2025, WLF filed comments with the Food and Drug Administration requesting the agency to withdraw a proposed rule published in the Biden Administration’s waning days that would require all conventional cigarettes and cigars to contain a near zero amount of nicotine. WLF makes this request pursuant to a January 20, 2025 Trump Administration memo that empowers agencies to evaluate non-final rules. WLF argues that the de-facto prohibition measure raises questions of law and policy sufficient to warrant withdrawal under the Trump memo. The proposal flouts the federal Tobacco Control Act and by creating a massive black market, would do substantial harm to public health and the economy.

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