Biden administration again delays proposed menthol cigarette ban

On April 26, Xavier Becerra, US Secretary of Health and Human Services, announced a new delay in implementing the US Food and Drug Administration's (FDA) decision - long awaited by health associations - to ban menthol tobacco products in the United States. The associations deplore this delay and denounce the fact that the Biden administration has given in to pressure from the tobacco industry.

In a statement, Becerra did not specify a timeline for a final decision, saying it was necessary to speak with more groups and examine the concerns that have been expressed.[1].

The FDA has been responsible for regulating tobacco products since 2009, when it banned the sale of most flavored cigarettes except menthol cigarettes following extensive lobbying by the tobacco industry.

A delay that only benefits the tobacco industry

Despite numerous studies demonstrating the harmfulness of menthol, the FDA announced its intention to ban menthol cigarettes only in 2021, following a citizen petition from the Public Health Law Center and a 2020 lawsuit filed by the African American Tobacco Control Leadership Council, Action on Smoking and Health, and the American Medical Association (AMA). When the FDA began the rulemaking process on the issue in April 2022, the plaintiffs voluntarily withdrew their lawsuit. After initially setting an August 2023 publication date, the White House postponed the date until March 2024. This deadline was once again missed.

Following this new delay, the aforementioned associations then filed a second complaint against the FDA on April 2, 2024.[2]. The associations are lamenting the delay and denouncing the fact that the Biden administration has given in to pressure from the tobacco industry. The public calendar of meetings of the Biden administration on regulatory measures shows that during the month of November 2023, 41 meetings have been scheduled regarding the regulation of menthol; 38 have been held with representatives of the tobacco industry and their allies, while only three have been held with representatives of public health organizations.

Menthol cigarettes have become a central issue for President Biden, who faces an election year marked by concerns about declining turnout among African-American voters. Indeed, minority groups, particularly African-Americans, are aggressively targeted by tobacco companies’ menthol marketing, and menthol cigarette use has contributed to widening health disparities. According to the FDA, nearly 85 percent of African-American smokers use menthol cigarettes, compared to just 30 percent of white smokers.

"This delay shows a huge disregard for public health. The marketing of menthol cigarettes continues to have a devastating impact on black and Hispanic communities.", said Dr. Yolanda Lawson, president of the AMA. According to a study published in April 2022, 789,724 Americans who smoke daily (including 199,732 African Americans) would be expected to quit smoking after a menthol ban in the United States.

Keywords: United States, Biden, menthol, FDA, lobby, menthol cigarettes

©Generation Without Tobacco

AE

[1] Kevin Liptak and Carma Hassan, Biden administration delays proposed ban on menthol cigarettes, CNN, published April 26, 2024, accessed April 29, 2024

[2] Tobacco-free generation, FDA Sued for Second Time Over Delay in Banning Menthol Cigarettes, published on April 7, 2024, consulted on April 29, 2024