Biden administration delays plan to ban mentholated cigarettes

The Biden administration has once again delayed its plans to ban menthol cigarettes amid pressure from critics, including some civil rights leaders, who said it would unfairly target Black smokers.

“This rule has attracted historic attention and the public comment period yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement,” Health and Human Services Secretary Xavier Becerra said in a statement on Friday.

“It is clear that there are still more conversations to be had and this will take much longer,” he added.

The menthol ban has been in the works for over a decade under various governments, but has been suspended at almost every turn.

Public health groups, who were initially optimistic after the Biden administration proposed the rules in 2022, said they were disappointed and frustrated as political and industry pressure apparently won out once again.

“If the Biden administration believed that black lives matter, it would have ended the sale of menthol-flavored cigarettes. Instead, they appear to be giving in to Big Tobacco, which has been racistly targeting our community for decades,” said Carol McGruder, co-chair of the African American Tobacco Control Leadership Council. “Hundreds of thousands of Black Americans will die in the coming years due to today’s inaction. Shame on you, President Biden!

Health authorities initially intended last August to publish the rule to ban menthol. But late last year, the Biden administration delayed the ban until March, after strong lobbying from critics — including the tobacco industry — apparently scared the White House into thinking such a move could anger black smokers and hurt the chances of President Biden’s re-election.

There is no deadline for publishing the rule, and HHS has not said whether the rule will be withdrawn. In a statement, the Food and Drug Administration said the issue remains a priority.

“The FDA remains committed to issuing tobacco product standards for menthol in cigarettes and characterizing flavors in cigars,” a spokesperson said. “As we have made clear, these product standards remain at the top of our priorities.”

“The FDA remains committed to issuing tobacco product standards for menthol in cigarettes and characterizing flavors in cigars. As we have made clear, these product standards remain at the top of our priorities,” said a spokesperson.

The tobacco industry has long been accused of targeting the black community, especially with menthol products. Public health experts have said a menthol ban could save hundreds of thousands of lives, especially among black smokers. An estimated 85 percent of black smokers use menthol cigarettes, according to federal statistics.

Outside advocates have said there is no evidence that a menthol ban would harm Biden among black voters.

“There is absolutely no reason to further study or delay a rule that has been studied for over 12 years, is supported by overwhelming scientific evidence, and will save hundreds of thousands of lives, especially Black lives. Make no mistake: delays cost lives,” said Yolonda Richardson, resident and CEO of the Campaign for Tobacco-Free Kids.

Previously, the White House touted the ban as part of Biden’s Cancer Moonshot initiative.

A ban on menthol cigarettes and flavored cigars “would represent the most significant regulatory actions to date to limit the number of deaths and illnesses from highly addictive and dangerous tobacco products on the market today,” the government said in a 2022 fact sheet.

But now, public health advocates and even some Democratic lawmakers say the administration is backpedaling.

“Lives are at stake. We know that Big Tobacco will come up with any scheme to continue selling their poison, and it is a shame that an administration committed to ending cancer as we know it has backed away from this critical public health strategy,” said Senator Dick Durbin ( D-Ill.), the No. 2 Democrat in the Senate and a frequent critic of the FDA’s tobacco policies.

Rep. Robin Kelly (D-Ill.), chair of the Congressional Black Caucus Health Braintrust, also criticized the FDA for choosing to “abandon” the menthol ban.

“FDA experts have made it clear that menthol cigarettes are harmful to public health. This is a common sense plan that could have saved hundreds of thousands of lives,” Kelly said.

The Office of Management and Budget (OMB) has been holding meetings with stakeholders for months, including tobacco industry lobbyists, public health advocates, industry-adjacent organizations, and civil rights groups.

In an effort to force the administration to act, three anti-tobacco public health groups earlier this month sued the Food and Drug Administration and its parent agency, the Department of Health and Human Services.

Nathaniel Weixel contributed.

This article was updated at 5pm