Health and Human Services Secretary Xavier Becerra announced on Friday that the Biden administration’s proposed ban on menthol cigarettes will be delayed further due to the significant amount of feedback received during the public comment period. The timeline for enacting the ban remains uncertain, and HHS did not provide additional comments beyond Becerra’s statement. This announcement comes after reports surfaced indicating that the administration was considering dropping the ban altogether, leading to disappointment among public health groups.
Public health organizations, including the American Cancer Society Cancer Action Network, expressed dismay over the administration’s decision to delay the ban on menthol cigarettes. The lack of action was seen as beneficial to Big Tobacco, which targets Black communities and younger generations with aggressive marketing tactics. American Cancer Society CEO Dr. Karen Knudsen emphasized that there is no scientific justification for allowing the sale of menthol cigarettes, which are heavily marketed to minorities, particularly Black smokers.
The FDA initially proposed a ban on menthol cigarettes and flavored cigars in April 2022, with the rule intended to be finalized by August 2023. However, the ban was delayed multiple times, most recently until at least March 2024. Menthol cigarettes are the only exception to the ban on all other flavored tobacco products enacted in 2009. The renewed proposal faced opposition from major tobacco companies, which heavily market menthol cigarettes to minority communities. A 2021 FDA statement revealed that nearly 85% of Black smokers use menthol cigarettes, compared to 30% of white smokers.
In a related development, three public health groups filed a lawsuit against the FDA earlier this month, alleging that the agency failed to follow through on its commitment to ban menthol cigarettes. The lawsuit was brought by the African American Tobacco Control Leadership Council, Action on Smoking and Health, and the National Medical Association. Another surprising development was the FDA’s decision to ban Reynolds American from selling menthol-flavored e-cigarettes under its Vuse Alto brand in October, adding to the ongoing debate surrounding flavored tobacco products.
Overall, the delay in implementing a ban on menthol cigarettes highlights the ongoing challenges in regulating tobacco products and addressing health disparities among different communities. The Biden administration’s decision to postpone the ban has sparked criticism from public health advocates who argue that the delay only benefits the tobacco industry. As discussions continue on the future of menthol cigarettes and flavored tobacco products, it remains to be seen how the administration will address the concerns raised by various stakeholders and ensure the protection of public health.
