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Biden Officials Delay Menthol Cigarette Ban Indefinitely

The announcement is another setback for Food and Drug Administration officials, who drafted the ban and predicted it would prevent hundreds of thousands of smoking-related deaths over 40 years. The agency has worked toward banning menthol across multiple administrations without ever finalizing a rule.
April 28, 2024
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Menthol cigarettes and other tobacco products are displayed at a store in San Francisco on May 17, 2018.

President Joe Biden’s administration is indefinitely delaying a long-awaited menthol cigarette ban, a decision that infuriated anti-smoking advocates but could avoid a political backlash from Black voters in November.

In a statement Friday, Biden’s top health official gave no timeline for issuing the rule, saying only that the administration would take more time to consider feedback, including from civil rights groups.

“It’s clear that there are still more conversations to have, and that will take significantly more time,” Health and Human Services Secretary Xavier Becerra said in a statement.

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The White House has held dozens of meetings in recent months with groups opposing the ban, including civil rights organizers, law enforcement officials and small business owners. Most of groups have financial ties to tobacco companies.

The announcement is another setback for Food and Drug Administration officials, who drafted the ban and predicted it would prevent hundreds of thousands of smoking-related deaths over 40 years. The agency has worked toward banning menthol across multiple administrations without ever finalizing a rule.

Yolonda Richardson from the Campaign for Tobacco-Free Kids criticized the decision, stating, “This decision prioritizes politics over lives, especially Black lives.” She expressed concern over the administration echoing tobacco industry claims about civil rights community support.

Richardson highlighted the backing of the ban by groups like the NAACP and the Congressional Black Caucus.

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Past FDA attempts to address menthol have faced obstacles from tobacco industry resistance and conflicting political agendas. The ban’s implications have come under scrutiny as both Biden and former President Donald Trump seek support from Black voters ahead of the fall election.

Advocates have long urged the FDA to remove menthol since gaining authority over tobacco regulation in 2009. Despite menthol being the only cigarette flavor not prohibited under that law due to negotiations by industry allies in Congress, the FDA was directed to continue examining the issue.

While smoking rates are similar among white and Black adults in the US, approximately 80% of Black smokers use menthol cigarettes. The FDA notes that menthol masks the harshness of smoking, facilitating initiation and hindering cessation. Additionally, most teenage smokers prefer menthol cigarettes.

Tobacco companies have historically targeted Black communities with menthol advertising and promotions, sponsoring local events and festivals. Court-released industry documents indicate that companies viewed menthol cigarettes as an appealing “starter product” for teens.

In 2022, the FDA introduced a draft of the proposed ban. Initially aiming to finalize the rule in August, Biden administration officials delayed the process until March. Following a missed deadline last month, several anti-smoking groups filed a lawsuit to compel its release.

Source: AP

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