The Food and Drug Administration (FDA) is moving forward with a regulatory rule in the
final days of the Biden administration that would effectively ban cigarettes currently on the market in favor of products with lower nicotine levels, which could end up boosting business for cartels operating on the black market, an expert tells Fox News Digital.
"Biden's ban is a gift with a bow and balloons to
organized crime cartels with it, whether it's cartels, Chinese organized crime, or Russian mafia. It's going to keep America smoking, and it's going to make the streets more violent," Rich Marianos, former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and the current chair of the
Tobacco Law Enforcement Network, told Fox News Digital of the proposal.
The FDA confirmed to Fox Digital on Monday that as of Jan. 3, the Tobacco Product Standard for Nicotine Level of Certain Tobacco Products had completed a regulatory review, but that the proposed rule has not yet been finalized.
"The proposed rule, ‘Tobacco Product Standard for Nicotine Level of Certain Tobacco Products,’ is displaying in the Office of Management and Budget’s (OMB) ROCIS system as having completed regulatory review on January 3," an FDA spokesman told Fox Digital. "As the FDA has previously said, a proposed product standard to establish a maximum nicotine level to reduce the addictiveness of cigarettes and certain other
combusted tobacco products, when finalized, is estimated to be among the most impactful population-level actions in the history of U.S. tobacco product regulation. At this time, the FDA cannot provide any further comment until it is published."
Fox New Digital reached out to
the White House regarding concerns over the proposal if it were to take effect but did not receive a response.
Former President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act in 2009, which granted the FDA the power to regulate tobacco products. In the years since, the agency has worked to lower nicotine levels, including in July 2017 under the Trump administration, when then-FDA commissioner Scott Gottlieb announced it would seek to require tobacco companies to drastically cut nicotine in cigarettes in an effort to help adult smokers quit.
