What’s Next for Nicotine? The Coming Legal and Political Battles over an FDA Proposal

This article discusses the FDA’s January 2025 proposal to dramatically lower nicotine levels in cigarettes and other combustible tobacco products to reduce their addictiveness. The authors emphasize the potentially transformative public health impact of the rule, estimating it could save millions of lives over several decades. They anticipate legal challenges from the tobacco industry but argue that the FDA’s authority is firmly grounded in Section 907 of the Food, Drug, and Cosmetic Act. The article explores how recent Supreme Court decisions affecting administrative law such as the end of Chevron deference and the major questions doctrine may influence litigation but ultimately do not invalidate the FDA’s clear statutory mandate. It also highlights political uncertainty under the new administration and the risk of tobacco industry countermeasures, such as product redesign and disinformation. Finally, the authors encourage public health stakeholders to support the FDA rule through evidence-based advocacy and public comment.

This article discusses the FDA’s January 2025 proposal to dramatically lower nicotine levels in cigarettes and other combustible tobacco products to reduce their addictiveness. The authors emphasize the potentially transformative public health impact of the rule, estimating it could save millions of lives over several decades. They anticipate legal challenges from the tobacco industry but argue that the FDA’s authority is firmly grounded in Section 907 of the Food, Drug, and Cosmetic Act. The article explores how recent Supreme Court decisions affecting administrative law such as the end of Chevron deference and the major questions doctrine may influence litigation but ultimately do not invalidate the FDA’s clear statutory mandate. It also highlights political uncertainty under the new administration and the risk of tobacco industry countermeasures, such as product redesign and disinformation. Finally, the authors encourage public health stakeholders to support the FDA rule through evidence-based advocacy and public comment.