[Congressional Record Volume 159, Number 108 (Thursday, July 25, 2013)]
[Extensions of Remarks]
[Page E1143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ADVANCE NOTICE OF PROPOSED RULEMAKING

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                           HON. MIKE McINTYRE

                           of north carolina

                    in the house of representatives

                        Thursday, July 25, 2013

  Mr. McINTYRE. Mr. Speaker, I rise today to discuss the Advance Notice 
of Proposed Rulemaking (ANPRM) issued by the Food and Drug 
Administration (FDA) this week seeking comments from the general public 
as the Agency contemplates the future of menthol cigarettes.
  As part of the agency's review process, the FDA released a report 
entitled ``Preliminary Scientific Evaluation of the Possible Public 
Health Effects of Menthol Versus Nonmenthol Cigarettes,'' which 
documents the FDA's review of the currently available science on 
menthol. Disappointingly, the report relies heavily on social sciences 
while admitting that menthol cigarettes are no more harmful than their 
nonmenthol counterparts.
  Specifically, the report states that ``No studies found an increased 
risk of cancer or non-cancer diseases in menthol smokers compared to 
nonmenthol smokers. From the available studies, the weight of evidence 
supports the conclusion that menthol in cigarettes is not associated 
with an increase in disease risk to the user compared to non-menthol 
cigarette smokers.''
  In addition to the FDA's conclusion that menthol cigarettes pose no 
greater disease risk than nonmenthol cigarettes, it is insensible for 
the agency to conduct a review of perception of menthol products. While 
the review of this type of information may be useful to understanding 
adult consumer choice, it should not form the basis of any policy 
decision within FDA. Rulemaking should be rooted in science.
  Finally, the real world health consequences of a potential ban are 
very alarming. Implementing a ban unfounded in science could lead to 
the creation of a black market for menthol products. Such an illegal 
market would result in an influx of illegal, unregulated, counterfeit 
products into the marketplace.
  Mr. Speaker, I am hopeful that these concerns will be addressed 
during the public comment period, and that the FDA will treat this 
issue fairly and with the scientific integrity it deserves.

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