The Biden administration is set to finalize regulations targeting menthol cigarettes that have been in the works for years, despite facing heavy opposition from various groups. These regulations would broadly ban the product and were first proposed by the FDA, sparking debate between health advocates and civil liberties and business groups. The FDA has missed multiple target dates for finalizing the ban and is now waiting for final approval from the White House Office of Management and Budget. Proponents of the ban argue that it is essential for achieving the goals set out in President Biden’s “Cancer Moonshot” initiative.
However, delays in finalizing the regulations have caused concern among supporters of the ban, who criticize the administration for showing deference to the tobacco industry and its profits despite the deadly consequences of its products. Opposition to the ban has come from various groups, including convenience stores, police, consumers, and minority groups, who warn that it could lead to a black market and harm small business owners and minorities, who are the primary consumers of menthol cigarettes. The ban could have significant economic consequences for the convenience store industry and may have unintended effects.
Advocacy efforts from opponents of the ban appear to have had an impact on White House officials, who have engaged with stakeholders from both sides of the debate. The ban’s critics argue that evidence shows such bans do not work and could have far-reaching implications for the economy and employment. Data from states that have implemented bans on menthol cigarettes are cited to support these claims. Groups representing minorities also warn that banning menthol cigarettes while allowing non-menthol varieties could disproportionately affect minority communities and lead to negative interactions between police and minorities.
The proposed ban by the FDA would prohibit menthol as a characterizing flavor in cigarettes and all characterizing flavors other than tobacco in cigars in an effort to reduce disease and death from tobacco use. The agency believes this move could reduce youth experimentation and addiction while increasing the number of smokers who might quit. Tobacco remains the leading cause of preventable death in the United States, and the FDA is citing its congressional authority to adopt tobacco product standards. Despite opposition and delays, the Biden administration appears committed to finalizing these regulations targeting menthol cigarettes.
