Anti-smoking groups have sued the U.S. government over the delay in implementing a ban on menthol cigarettes, which are primarily used by Black smokers and young people. The ban has been stalled at the White House despite initial plans to eliminate the minty flavor last August. Concerns have been raised that election-year politics could derail the federal plan, prompting the lawsuit filed by three nonprofit groups in California. The groups claim that the inaction of the government has allowed tobacco companies to continue targeting vulnerable populations, such as youth, women, and the Black community.
The Food and Drug Administration has been working on a plan to eliminate menthol cigarettes for years, with the potential to prevent hundreds of thousands of smoking-related deaths, particularly among Black Americans. However, previous efforts to ban menthol have been hindered by pushback from the tobacco industry and competing political priorities across different administrations. The delay in implementing the ban has raised concerns among Democrats about President Biden’s re-election prospects, as some groups opposing the ban suggest that it could impact Black voter turnout. Despite meetings with various stakeholders, including civil rights advocates and business owners, who have raised concerns about the ban, the White House has not yet taken action.
Supporters of the ban have been trying to assure the White House that banning menthol cigarettes will not harm President Biden’s chances of re-election. Dr. Carol McGruder of the African American Tobacco Control Leadership emphasized that ending the sale of menthol cigarettes is crucial for protecting Black lives. A lawsuit filed in 2020 by the same groups alleging unreasonable delay in taking action against menthol has spurred the FDA’s work on the issue. Menthol is the only cigarette flavor that was not banned under a 2009 law that gave the FDA authority over tobacco products. The exemption was negotiated by industry lobbyists, but the act instructed the agency to consider banning menthol due to research indicating its role in facilitating smoking initiation and cessation difficulties.
Research shows that more than 11% of U.S. adults smoke, with menthol being predominantly used by Black smokers and teenagers. The flavor’s numbing effect, which masks the harshness of smoking, makes it easier to start and harder to quit. The delay in banning menthol cigarettes has been criticized by anti-smoking advocates who argue that it perpetuates health disparities among different population groups. Despite the efforts of anti-smoking groups and health officials, the White House has yet to finalize the ban on menthol cigarettes, raising concerns about the impact on public health, particularly among vulnerable communities. The lawsuit filed against the government highlights the urgency of addressing the disproportionate impact of menthol cigarettes on Black smokers and young people.
