Manufacturers of menthol cigarettes advised the Food and Drug Administration's tobacco products scientific advisory committee against banning menthol cigarettes earlier this week, citing a recent study that said such a move would likely give rise to a black market for the product.

The FDA is currently considering whether its ban on flavored tobacco should be expanded to include menthol, and has instructed the advisory committee to create a report—which is due in March—on the public health impact of menthol. An outright ban or stringent marketing restrictions are likely under consideration, and while the decision is ultimately up to the FDA, the agency has historically followed the guidance and recommendations of its independent advisory panels in similar instances.

According to Dow Jones Newswires, representatives from both Lorillard and RJ Reynolds spoke at the meeting, arguing that menthol cigarettes should not be regulated any differently than traditional cigarettes. In addition, they said that banning menthol cigarettes would not reduce current smoking rates. Menthol cigarettes currently account for approximately 30 percent of total domestic cigarette sales, and roughly 90 percent of all sales for Lorillard Inc., the maker of the leading menthol brand, Newport.

The Lorillard-funded study, which was performed by Chicago-based economic consulting firm Compass Lexecon, states that a “sizable black market” would quickly emerge if menthol cigarettes were banned outright. However, survey data presented by the National Cancer Institute at the same meeting said that roughly 40 percent of current menthol smokers have said they would quit if menthol cigarettes were banned.