Topline
Three public health groups filed a lawsuit against the Food and Drug Administration on Tuesday, alleging the agency has failed to follow through on a ban on menthol cigarettes, the latest effort targeting the Biden administration amid a plan to ban menthol years in the works.
The Biden administration delayed a ban on menthol until at least March, after a previous deadline ... [+]
Key Facts
The African American Tobacco Control Leadership Council, Action on Smoking and Health and the National Medical Association say the FDA’s inability to enact a ban on menthol has allowed tobacco companies to “target youth, women and the Black community—all to the detriment of public health,” according to the lawsuit.
In December, the FDA issued a deadline for March to enact the proposed ban, though the agency did not meet that deadline, the groups said.
The Office of Information and Regulatory Affairs website was updated in early December to reflect a ban on menthol wouldn’t take place until March, after previously stating a deadline for that month, according to NBC News.
The FDA did not immediately respond to a request for comment.
Big Number
10.1 million. That’s the estimated number of Americans who started smoking because of menthol cigarettes between 1980 and 2018, according to the Centers for Disease Control and Prevention. Of these, about 378,000 people died prematurely.
Key Background
The three groups first sued the FDA in 2020, calling for a ban on menthol cigarettes after the agency said in 2011 their removal from the marketplace would benefit public health. In 2021, the FDA announced it would advance efforts to ban menthol cigarettes, estimating up to 650,000 smoking deaths could be prevented by 2050. Menthol is a substance found in mint plants that creates a cooling sensation and a peppermint-like taste, which tobacco companies use to make their products more addictive and harder to quit, according to the FDA. Some civil rights groups argue menthol products disproportionately affect Black communities, where they are heavily marketed.
Surprising Fact
Nearly 85% of Black smokers use menthol cigarettes, compared to 30% of white smokers, according to the FDA. About 157,000 Black Americans died prematurely because of menthol cigarettes from 1980 to 2018, the CDC said, while Black men have the highest lung cancer death rate in the U.S.
Tangent
The FDA has targeted e-cigarette manufacturers following an increase in youth e-cigarette use in recent years. The agency banned Juul Labs—once the top-selling e-cigarette manufacturer—from selling their products in 2022, arguing the company’s marketing was not “appropriate for the protection of the public health.” Last year, the FDA banned Reynolds American—which sells Newport and Camel cigarettes, among others—from selling various e-cigarettes, including three menthol-flavored and three mixed-berry flavor products. The FDA said it determined the products “lacked sufficient evidence” they would “be appropriate for the protection of public health.”
Further Reading
Biden Administration Delays Ban On Menthol Cigarettes Until 2024 (NBC News)
FDA Bans Sale Of Top-Selling Vuse Menthol E-Cigarettes (Forbes)
