Tobacco industry flooded FDA with 175000 comments to oppose menthol ban
Researchers found that tobacco giants Altria and Reynolds American influenced nearly half of the 175,000 public comments submitted to the US Food and Drug Administration in 2022.
Volume of opposing letters
The FDA requested public feedback on a proposal to outlaw menthol cigarettes after drafting language in 2022. An avalanche of 175,000 messages arrived over three months, with 97% being form letters that opposed the ban. Just 2% of the submitted letters contained unique arguments rather than repeated industry talking points.
Industry campaign influence
Studies published in JAMA Network Open show that nearly half the letters used language from campaigns run by major tobacco companies. Researchers identified specific phrasing from Altria Group Inc and Reynolds American within a large portion of the submissions. Most remaining comments echoed these same industry talking points instead of offering independent perspectives.
Historical context for tactics
The tactic of overwhelming regulators with repetitive text is not new to the tobacco sector. The industry has used similar methods since the 1980s when opposing airline smoking restrictions at a federal agency. Agencies typically consider the substance of comments rather than their volume, according to Steven Balla.
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