The Biden administration is close to finalizing regulations that would ban menthol cigarettes, sparking controversy among various groups. The FDA has missed several target dates for finalizing the ban but maintains that it is a priority. Proponents of the ban argue that it is essential for achieving goals outlined in President Biden’s “Cancer Moonshot” initiative, while opponents claim that it could lead to a black market and harm small business owners and minorities. There have been numerous meetings between the White House, FDA, and stakeholders on the proposal.
Opponents of the ban, such as convenience store associations, police groups, and minority organizations, have expressed optimism that their concerns have been heard and may prompt officials to reconsider the ban. They argue that bans on menthol cigarettes do not work, citing data from states that have already implemented such policies. The convenience store industry, in particular, could face significant economic consequences if the ban goes through, with potential losses amounting to billions of dollars.
Groups representing minorities have raised concerns that a ban on menthol cigarettes while allowing non-menthol cigarettes may disproportionately impact minority communities and lead to negative interactions between police and minorities. These groups have met with Health and Human Services Secretary Xavier Becerra, FDA Commissioner Robert Califf, and other officials to discuss their concerns about the proposed ban. The National Organization of Black Law Enforcement, National Action Network, and civil rights attorney Benjamin Crump have all been involved in advocating against the ban.
The FDA first issued the product standards to prohibit menthol as a characterizing flavor in cigarettes and all characterizing flavors other than tobacco in cigars in April 2022 with the goal of reducing disease and death from tobacco product use. The agency emphasized the dangers of tobacco smoking and its authority to adopt tobacco product standards. The proposed ban on menthol cigarettes has been a long-debated issue, with various groups expressing differing opinions on its potential impact on public health, small businesses, and minority communities.
The White House and FDA have been in discussions with a wide range of stakeholders on the ban, including groups advocating for public health and those opposed to the ban due to its potential economic consequences. The FDA has reiterated its commitment to issuing the tobacco product standards for menthol in cigarettes and characterizing flavors in cigars as quickly as possible. The proposal has been submitted to the Office of Management and Budget for final review, signaling that the regulations may soon be finalized. Despite intense opposition from various groups, the Biden administration seems determined to move forward with the ban on menthol cigarettes.
