Judge Criticizes FDA For Lengthy Delay on Menthol Cigarette Rule

A proposed class action over 7-Eleven’s sale of menthol cigarettes was un-paused after a federal judge said the FDA was taking too long to promulgate new rules.

“Like a smoker daily promising himself he will quit tomorrow, the FDA keeps assuring the public it will promulgate a final rule on menthol cigarettes at some later date,” Royce C. Lamberth, of the US District Court for the District of Columbia said Monday.

The parties jointly moved to stay the lawsuit in Feb. 2023, citing the FDA’s proposed rule to ban the use of menthol in cigarettes in Apr. 2022. But the ...