The Biden administration has once again delayed a decision on a regulation that aims to ban menthol-flavored cigarettes, citing the large amount of feedback received during the public comment period. Health and Human Services Secretary Xavier Becerra noted the historic attention the proposal has received and acknowledged the involvement of various civil rights and criminal justice organizations. The rule has been stalled in an interagency review process, causing the White House to miss a previous self-imposed deadline to decide by March.
A senior administration official stated that there were still disagreements after “months of hard conversations,” making it difficult to provide a timeline for the delay. The administration is seeking more time to hear from outside groups, particularly on civil rights issues. Concerns have been raised about the enforcement of the menthol cigarette ban and its potential disproportionately impact on people of color. The American Civil Liberties Union has opposed the ban, warning against prioritizing criminalization over public health and harm reduction.
Public health groups have expressed frustration over the delays in the FDA’s proposal to ban menthol-flavored cigarettes. Agency officials hoped the ban would help significantly reduce smoking rates in the U.S. Advocates fear that continued delays could allow opponents to overturn the rule using the Congressional Review Act during the next presidential term. The American Heart Association CEO Nancy Brown criticized the administration for enabling the tobacco industry to continue marketing products that attract and addict new users. FDA Administrator Robert Califf emphasized the importance of the ban as a top priority for the agency and expressed hope that it would be cleared by the end of the year.
The delay in the decision on the menthol cigarette ban has been attributed to the extensive feedback received during the public comment period and the ongoing disagreements within the administration. Civil rights concerns about how the rule would be enforced have also contributed to the delay. The administration has held numerous meetings with outside groups both in favor of and against the ban, including convenience store associations and civil rights organizations. The FDA Administrator reiterated the importance of the ban in reducing tobacco-related illnesses and deaths, emphasizing the need to address this public health issue as a top priority.
The White House’s delay in deciding on the menthol cigarette ban has drawn criticism from public health advocates who fear that the inaction will allow the tobacco industry to continue marketing harmful products to potential new users. The administration’s inaction has fueled concerns about the impact on smoking rates in the U.S. and the potential for the rule to be overturned in the future. FDA officials remain committed to advancing the ban as a key strategy to combat tobacco-related illnesses, with hopes of finalizing the decision by the end of the year. The ongoing discussions and feedback from various stakeholders, including civil rights organizations, are shaping the decision-making process surrounding the menthol cigarette ban.
