President Biden speaks in Washington, DC, US, on Monday, Dec. 16, 2024. The FDA confirmed to Fox Digital 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. (Samuel Corum/Sipa/Bloomberg via Getty Images)
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.
In 2022, the FDA under the Biden administration announced plans for the proposed rule that would lower levels of nicotine so they were less addictive or non-addictive.
"Lowering nicotine levels to minimally addictive or non-addictive levels would decrease the likelihood that future generations of young people become addicted to cigarettes and help more currently addicted smokers to quit," FDA Commissioner Robert Califf said at the time.
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Lowering the levels of nicotine in commonly purchased cigarettes and other tobacco products would open the floodgates to the illicit trafficking of tobacco products into the U.S., Marianos told Fox News Digital.
"This decision is being thrown down the public's throat without one ounce of thought and preparation. Nobody sat down with law enforcement, nobody sat down with any doctors, No one sat down with any regulators to find out, ‘Hey, look, what are the unintended ramifications of such a poor choice,’ and that's what I'm going to call it, a poor choice," Marianos said.
Immigrants attempt to cross into the U.S. from Mexico at the border Dec. 17, 2023 in Jacumba Hot Springs, California. (Photo by Nick Ut/Getty Images)
Americans who want to purchase cigarettes with higher levels of nicotine would then need to go through the illicit channels to obtain them, similar to buying "loosie" cigarettes on the streets of New York, putting average Americans at further criminal risk while also offering them cigarettes that are not regulated and originating from foreign nations.
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Both Democrat and Republican lawmakers have already warned that tobacco trafficking in the U.S. poses a grave national security threat and already has its foot in the door.
The 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. (Photo by Chip Somodevilla/Getty Images)
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"You're going to create more smoking. And I thought that's what we're trying to get away from, right? Smoking is bad. I thought we're trying to do everything possible to get away from that and get the country safer. Well, if you take down the nicotine levels, people are going to smoke more. That is proven. All you have to do is just drive here in DC and see, you know workers on their smoke break," he said, saying work productivity will even be driven down as people take more smoke breaks in alleys to get their nicotine fix.
The Biden administration previously attempted to outright ban menthol cigarettes, in what was described as a "critical" piece of President Biden's Cancer Moonshot initiative, but announced last year it was abruptly delaying such regulations as the public decried the move. A handful of groups argued that banning menthol unfairly targeted minority communities, while others argued the ban would open the floodgates to illicit menthol sales.
https://www.foxnews.com/politics/biden-admin-working-effectively-ban-cigarettes-11th-hour-proposal-gift-cartels-expert-says