Careers

Diversity

With 18 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

Offices

About Us

Pages

Professionals

Thought leadership: blogs, podcasts, videos, publications, events and news

Insights

Practices & Industries

Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Analía González, Carlos Ramos-Mrosovsky, Marco Molina Earn Recognition from Lexology Index: Arbitration 2026

Employment Law Spotlight

Sixth Circuit Says ‘That’s a Wrap’ to Hostile Work Environment Claims

The Bargaining Table

AD Nauseam

AD Nauseam: ANA 2025 – Phyllis Marcus

In the final days of the Biden administration, the Food and Drug Administration (FDA) has taken a significant step toward reducing nicotine levels in cigarettes by submitting a proposed rule to the Office of Management and Budget (OMB). The rule seeks to establish a maximum nicotine level, aiming to make cigarettes minimally addictive or nonaddictive, with the potential to deliver significant public health benefits. This effort, announced by FDA Commissioner Dr. Robert Califf in 2022, builds on years of advocacy to combat nicotine addiction. The proposal, if finalized, could drastically reduce smoking rates in the United States and prevent new addictions, particularly among young people. Research has indicated that reducing nicotine levels in cigarettes helps smokers quit, mitigates withdrawal symptoms and discourages nonsmokers from starting. The FDA estimates that such a measure could reduce the smoking rate to as low as 1.4 percent by 2100, saving hundreds of thousands of lives annually and preventing millions from developing smoking-related diseases.

core/paragraph

Public health advocates have praised the proposal, describing it as a milestone in tobacco regulation. Organizations like the American Lung Association have emphasized the rule’s potential to reduce smoking-related deaths and diseases, which disproportionately affect marginalized communities. Tobacco use remains the leading cause of preventable death in the United States, with over 480,000 premature deaths annually linked to smoking. Many view the proposal as an opportunity to address these long-standing health inequities. Despite the decline in smoking rates over recent decades, approximately 28.3 million adults in the United States are still smokers, with nicotine’s addictive properties being a major barrier to quitting. Public health experts assert that reducing nicotine content could help more smokers quit successfully and prevent young people from becoming addicted in the first place.

However, the proposal has also sparked significant opposition from the tobacco industry, which argues the measure could drastically reduce the appeal of cigarettes to consumers, potentially impacting their market viability. Tobacco companies have raised concerns that such restrictions might violate federal tobacco control laws and lead to unintended consequences, such as an increase in black-market sales. Industry representatives argue that harm-reduction strategies, such as promoting electronic cigarettes or nicotine pouches, would be more effective in helping smokers transition to less harmful products. Additionally, some critics have questioned the economic impact of the rule, citing potential losses to the $80 billion U.S. tobacco market and its associated tax revenues.

Political dynamics add further complexity to the proposal’s future. The tobacco industry has a history of influencing policymaking through campaign contributions, and the incoming administration could play a critical role in determining whether the rule advances. During the recent election cycle, Reynolds American, one of the nation’s largest tobacco companies, donated millions to pro-Trump political action committees, prompting questions about the influence of such contributions on regulatory decisions.

The FDA’s proposal also faces procedural and legal hurdles. OMB’s review process can take months, and tobacco companies are expected to challenge the rule in court, arguing that it oversteps the agency’s authority. Additionally, it remains unclear whether the proposal will address nicotine levels in other tobacco products such as cigars, hookahs and e-cigarettes, leaving open questions about its broader impact.

While the proposal has been celebrated by many public health advocates, some remain cautious about its implementation and long-term success. Califf has acknowledged the challenges of bringing such measures to fruition, particularly in light of political transitions and the strong opposition from the tobacco industry. Nonetheless, proponents view the rule as a transformative opportunity to reduce the health burden of smoking and curb the deadly consequences of nicotine addiction. As the proposal moves through the regulatory process, its ultimate impact will depend on the commitment of policymakers and public health leaders to prioritize the well-being of millions over industry interests.

FDA Advances Proposal To Lower Nicotine in Cigarettes

Featured Insights

Related Services

Featured Insights