Experts reveal Trump’s next move could be ‘nail in coffin’ for Biden-era regulations on nicotine

FIRST ON FOX: President Trump’s “nicotine freedom crusade” rolling back Biden-era policies related to nicotine and tobacco products could be primed to reverse a key rule that experts who spoke to Fox News Digital say would be a critical step forward. 

Shortly before Trump was sworn into office, Biden’s FDA proposed a rule that it described at the time as “bold” that “would make cigarettes and certain other combusted tobacco products minimally or nonaddictive by limiting the level of nicotine in those products.”

Cigarettes and “certain other combusted tobacco products” would not be allowed to have more than 0.7 milligrams of nicotine per gram of tobacco under the proposed rule, according to the FDA. The agency said that lower nicotine levels would “be low enough to no longer create or sustain addiction.” 

While the FDA insisted at the time that the rule “would not ban” cigarettes, critics disagree and are optimistic that Trump will continue his push for nicotine freedom and upend the rule. 

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L- President Joe Biden; R- President Donald Trump (Left: Pete Marovich/Getty Images; Right: Oleg Nikishin/Getty Images)

“The Biden legacy on tobacco policy is one of hamfisted regulations, crippling bureaucracy, and prohibition fueling massive criminal markets — from cigarettes to Chinese vapes,” Rich Marianos, former assistant director of the ATF, executive director of the Tobacco Law Enforcement Network, told Fox News Digital. 

“President Trump can put the nail in the coffin of that failed era by killing this insane ban on cigarettes and focusing resources on vigilant enforcement.”

Peter Brennan, Executive Director of the New England Convenience Store & Energy Marketers Association (NECSEM), told Fox News Digital that “prohibitionist tobacco policy” ends up punishing small businesses by “taking sales out of our stores and pushing them into the streets and the illicit market.”

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Signage outside of the Food and Drug Administration (FDA) headquarters in White Oak, Maryland. (REUTERS/Andrew Kelly/File Photo)

“Biden’s plan to ban all cigarettes is a real threat that is still hanging over our heads.” Brennan said. “We are hopeful that President Trump will help America’s convenience stores by putting a stop to this disastrous idea.”

Trump has taken several actions in the nicotine space since taking office, including withdrawing a proposed rule seeking to ban menthol cigarettes, after the Biden administration said it intended to make the ban become a reality after years of advocacy from anti-smoking groups.

Months later, FDA Tobacco Director Brian King, who critics believed was a key figure behind the administration’s efforts against banning menthols and the “war on nicotine” was removed from his post in a move that experts who spoke to Fox News Digital praised earlier this month. 

“President Trump has succeeded in his nicotine freedom crusade since taking office, repealing Biden’s misguided menthol ban and firing the FDA architect behind it,” a Republican strategist who worked to elect Trump in 2024 told Fox News Digital this week. “The logical next step is to officially repeal a Biden-era rule on banning low nicotine products, which will be the final blow to Biden’s war on nicotine.”

Fox News Digital reached out to the FDA for comment. 

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A man vaping. (iStock)

Biden’s perceived “war on nicotine,” along with the surge in illicit Chinese vapes flooding the market over the last few years, is believed by some to have hurt his presidential campaign along with that of VP Kamala Harris, who eventually took his place on the ticket. 

“If President Trump withdraws Biden’s disastrous rule that would effectively ban cigarettes, it would be a huge win for his working-class coalition,” a person close to the Trump administration told Fox News Digital. 

Fox News Digital’s Alec Schemmel contributed to this report.