A government watchdog group, Protect the Public’s Trust (PPT), is suing the Biden administration over documents related to proposed regulations targeting menthol cigarettes. PPT submitted four FOIA requests to the Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) late last year, which have gone unfulfilled. The group argues that the Biden administration and FDA have not been transparent in their actions regarding the menthol cigarette ban and are withholding information from the public.
The proposed menthol cigarette ban has become a controversial topic, with the White House repeatedly missing target dates for finalizing the regulations. The FDA, which first proposed the ban two years ago, says it would reduce disease and death from tobacco use by reducing youth experimentation and addiction while increasing the number of people who might quit smoking. Tobacco smoking is the leading cause of preventable death in the U.S., according to the agency. Despite this, the finalization of the regulations remains uncertain.
The FDA spokesperson stated that the agency is committed to issuing product standards for menthol in cigarettes and characterizing flavors in cigars as quickly as possible. The rules have been submitted to the Office of Management and Budget for review, which is the final step in the rulemaking process. The proposed crackdown on menthol cigarettes has sparked a debate between health advocates in favor of the regulations and civil liberties and business groups who oppose them. Groups representing minorities argue that banning menthol cigarettes could disproportionately impact minority communities.
Groups like the National Organization of Black Law Enforcement and the National Action Network have met with HHS Secretary Xavier Becerra, FDA Commissioner Robert Califf, and White House domestic policy adviser Neera Tanden to discuss the proposal. They argue that banning menthol cigarettes while allowing non-menthol cigarettes to remain on the market puts minority communities at risk of negative interactions with law enforcement. The outcome of the lawsuit filed by Protect the Public’s Trust against the Biden administration remains to be seen, as the fight over the proposed menthol cigarette ban continues to unfold.
