A coalition of public health organizations, led by the African American Tobacco Control Leadership Council (AATCLC), voluntarily dismissed its lawsuit against the Food and Drug Administration (FDA) yesterday (October 27). The lawsuit, originally filed in the U.S. District Court for the Northern District of California in November 2024, sought to compel the FDA to finalize a long-awaited rule banning menthol cigarettes. The plaintiffs’ action comes after the incoming Trump administration officially withdrew the proposed menthol ban in January 2025, effectively making the lawsuit’s core demand moot, according to Bloomberg.
The case centered on the FDA’s “unreasonable delay” in issuing a final rule, which began with a Notice of Proposed Rulemaking in May 2022. The Biden administration’s failure to finalize the rule, reportedly due to political concerns, prompted the legal challenge. However, the subsequent administrative reversal under the new presidential administration closed the door on this particular federal strategy.
With the federal avenue for a menthol ban now closed, the public health advocates involved in the lawsuit have confirmed they will shift their focus to state and local-level initiatives, according to Bloomberg. By voluntarily dismissing the case, the plaintiffs can redirect their resources and strategic efforts toward more viable legal and political pathways. The dismissal was filed “without prejudice,” meaning the case could theoretically be refiled, but the current political climate and regulatory withdrawal make a renewed federal challenge unlikely in the near term.
