Protect the Public’s Trust (PPT), a nonpartisan government watchdog group, has filed a federal lawsuit against the Department of Health and Human Services (HHS) over documents related to proposed regulations targeting menthol cigarettes. The group submitted four Freedom of Information Act (FOIA) requests for documents pertaining to the proposed federal menthol cigarette ban with HHS and subagency the Food and Drug Administration (FDA) late last year, none of which have been fulfilled. PPT’s founder, Michael Chamberlain, alleges that the Biden administration and FDA are withholding information that could shed light on the controversial rule.
The Biden administration’s proposed menthol cigarette ban continues to face delays, with the White House missing target dates for finalizing the regulations. The FDA, which first proposed the ban two years ago, has sent the regulations to the White House for final approval, but it remains unclear when they will be finalized. The FDA claims that banning menthol cigarettes nationwide would reduce disease and deaths from tobacco use by reducing youth experimentation and addiction, as well as increasing the number of smokers who may quit. However, the proposed crackdown has sparked a contentious debate between health advocates, who support the regulations, and civil liberties and business groups, which oppose them.
PPT alleges that HHS has not met its obligations under FOIA by failing to provide the requested records for the group’s December requests. The lawsuit argues that HHS has constructively exhausted its administrative remedies due to the agency’s failure to make a determination within the required time period. HHS, listed as the sole defendant in the lawsuit, has not responded to requests for comment on the matter. The proposed menthol cigarette ban has raised concerns among groups representing minorities, who argue that banning menthol cigarettes while not restricting non-menthol cigarettes could disproportionately impact minority communities and lead to negative interactions between police and minorities.
The debate over the proposed menthol cigarette ban has intensified, with groups like the National Organization of Black Law Enforcement and the National Action Network opposing the regulations. These groups met with HHS Secretary Xavier Becerra, FDA Commissioner Robert Califf, and White House domestic policy adviser Neera Tanden to discuss the proposal in November, highlighting concerns about the potential impact on minority communities. The FDA maintains that issuing the regulations for menthol in cigarettes and characterizing flavors in cigars is a priority, with the rules undergoing final review by the Office of Management and Budget. The proposed ban on menthol cigarettes could become a liability for the Biden administration in the 2024 election if not handled transparently and effectively.
Despite the Biden administration’s claims of transparency, the delays in finalizing the menthol cigarette regulations and the refusal to provide requested documents under FOIA have raised questions about the administration’s motives. PPT’s lawsuit against HHS seeks to compel the agency to release the requested documents related to the proposed menthol cigarette ban. With public interest and concern growing over the potential consequences of the ban, transparency and accountability from the government will be crucial in addressing the complexities of this controversial issue.
