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97% of the record menthol-ban comments were form letters, Rutgers audit of all 246,808 finds

Nearly half the menthol form letters trace to Reynolds and Altria campaigns. Raw comment volume, uncorrected for duplication, is not a measurement of public sentiment.

The Scientist · Science desk

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Illustration accompanying 97% of the record menthol-ban comments were form letters, Rutgers audit of all 246,808 finds
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What happened

  • A Rutgers Health study published in JAMA Network Open examined all 246,808 comments submitted to the FDA dockets on the proposed menthol cigarette and flavored cigar rules.
  • The study found that 97% of comments on the menthol rule and 93% of comments on the cigar rule were form letters.
  • When the FDA proposed banning menthol cigarettes and flavored cigars in 2022, nearly 250,000 public comments were filed, a record response that led the Biden administration to delay a final decision.
  • Roughly 46% of the menthol form letters contained content traceable to tobacco companies, including Reynolds American Inc.'s "Own It, Voice It" campaign and Altria Group Inc.'s "Voices for Consumer Choice" campaign.
  • Two percent of all comments submitted were unique.

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Why it matters

A Rutgers Health team read every one of the 246,808 comments filed on the FDA's 2022 proposals to ban menthol cigarettes and flavored cigars, and found that 97% of the menthol comments and 93% of the cigar comments were form letters [1][2]. The volume of that response was a stated reason for delay, so the composition of it is a policy fact, not a curiosity [3][6].

According to the account published by phys.org, nearly 250,000 comments arrived and the record response led the Biden administration to delay a final decision [3]. The study, in JAMA Network Open, reports that roughly 46% of the menthol form letters contained content traceable to tobacco companies, naming Reynolds American's "Own It, Voice It" campaign and Altria's "Voices for Consumer Choice" campaign [4]. Two percent of all comments were unique [5]. Combining the two figures, campaign-traceable text accounts for something on the order of 45% of all menthol comments filed [14].

The method is unglamorous and reproducible. The researchers downloaded the public comments, used statistical software to find recurring phrases, and matched submissions to 17 distinct form-letter templates [7]. Stripping form letters and near duplicates left 3,342 unique menthol comments and 1,432 unique cigar comments [8] - together about 1.9% of the docket [15]. That is the number a rulemaker would want if the question is how many people wrote something of their own.

The de-duplicated remainder does not flip the direction of opinion: 96% of unique menthol comments opposed the ban and 99% opposed the cigar rule [9]. What changes is the content. The leading arguments were economic, covering lost revenue and sales, an illicit market, and education as a substitute for prohibition, while only 3% to 5% of unique comments engaged the health evidence behind the rules [10]. Lead author Andrea Villanti of the Rutgers School of Public Health said the sheer volume was used as a reason to delay a policy that would have saved lives, and that how few submissions were unique, and how much industry shaped both volume and content, was not considered [6].

The pipeline was documented separately. An earlier study in the same Rutgers project, led by Ollie Ganz, analyzed direct-to-consumer emails sent to customers during the comment period that urged recipients to "take action" and routed them to company-run sites, which assembled personalized anti-ban letters from menus of prewritten arguments and filed them with the FDA [11]. That design defeats naive duplicate detection: the strings differ, the argument set does not.

For scale on what the delay covers: menthol cigarettes are more than a third of the U.S. cigarette market and a majority of cigarettes smoked by Black Americans, and researchers have estimated 378,000 U.S. premature deaths attributable to them between 1980 and 2018 [12]. A third study in the project, led by Olivia Wackowski, found that 75% of 122 news articles cited the rule's potential to reduce disease and save lives, with opposition coverage centered on policing in Black communities [13].

Watch whether dockets start publishing unique-comment counts alongside totals, and whether the 17-template matching approach is applied to other high-volume rulemakings. Until then, a comment count is a measure of campaign capacity.

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