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The Biden administration has decided to delay a decision on whether to ban menthol cigarettes, citing the need for more time to consider the move. This decision comes as the administration faces opposition from big tobacco companies who stand to lose billions of dollars from the ban. The delay has also posed risks for President Biden in an election year, particularly due to concerns about his support among Black voters who view the ban as heavy-handed.

The proposal to ban menthol cigarettes has been supported by various public health groups, including leading lung, heart, cancer, and pediatricians associations. These groups argue that years of data suggest that menthol cigarettes, which are often marketed to African-American smokers, make it easier to start smoking and harder to quit. The FDA formally proposed the ban in May 2022, aiming to save lives and lower lung cancer deaths. However, the administration’s delay in taking decisive action has drawn criticism from public health advocates, who argue that the inaction allows the tobacco industry to continue marketing these harmful products.

Opponents of the ban, including tobacco companies, convenience stores, and gas station retailers, have voiced concerns about the potential financial impact of a menthol cigarette ban. Reynolds American, which makes Newport menthol cigarettes, and Altria, which makes Marlboro menthol cigarettes, have both donated to political action funds supporting Republican lawmakers. Republicans in Congress have also denounced the proposed ban, warning it could lead to an increase in counterfeit cigarettes and illicit tobacco trafficking.

The delay in implementing the menthol cigarette ban has presented a challenge for President Biden as he faces a tough re-election race and diminishing support among Black voters. Reynolds has argued that the ban could have unintended consequences, leading to increased counterfeit cigarette use. Altria has also raised concerns about historically low youth smoking rates not justifying the pursuit of a ban. Despite opposition, public health groups have continued to pressure the administration to finalize the ban, staging events like a “menthol funeral” outside the White House to draw attention to the issue.

In response to the delay, the FDA has faced criticism from advocacy groups such as Action on Smoking & Health and the African American Tobacco Control Leadership Council, who have filed a lawsuit against the administration in an effort to push for action. The FDA’s own research has indicated that a menthol ban could save lives, prompting advocates to urge the administration to move forward with the proposed rule. As the debate over the menthol cigarette ban continues, stakeholders on both sides will continue to weigh in on the potential health and economic impacts of such a decision.

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