Topline
Health and Human Services Secretary Xavier Becerra said Friday the Biden administration’s proposed ban on menthol cigarettes “will take significantly more time,” once again delaying the proposal that has been years in the making.
Friday’s delay is the latest setback for the ban, which was initially proposed in April 2022.
Key Facts
Becerra said in a brief statement Friday the public comment period for the proposal “has yielded an immense amount of feedback,” including from civil rights and criminal justice advocates, going on to say: “It’s clear that there are still more conversations to have, and that will take significantly more time.”
The timetable for enacting a ban is unclear, and HHS did not have a comment beyond Becerra’s statement.
Becerra’s statement followed a report from the Wall Street Journal that indicated the administration was planning on dropping the ban completely.
Erika Sward, assistant vice president of nationwide advocacy at the American Lung Association, told Forbes the organization is “deeply disappointed that President Biden is delaying these rules.”
Chief Critic
Public health groups expressed disappointment with the decision. The American Cancer Society Cancer Action Network said in a statement Friday the “inaction” from the administration “only benefits Big Tobacco, who continues to target Black communities and younger generations with its aggressive marketing tactics.” American Cancer Society CEO Dr. Karen Knudsen said “there is no scientific justification” to continue allowing the sale of menthol cigarettes.
Key Background
The FDA formally proposed a ban on menthol cigarettes and flavored cigars on April 28, 2022, after announcing a year prior it was committed to advancing the effort. The rule was intended to be finalized in August 2023, though it was ultimately delayed. The ban itself was not expected to go into effect for several years due to anticipated legal challenges, according to the Washington Post. In December, the administration once again delayed the rule until at least March, a deadline that was missed. All flavors of tobacco were banned in the U.S. in 2009, with the exception of menthol. The renewed proposal drew ire from big tobacco companies, which the Centers for Disease Control and Prevention say heavily market the cigarettes to minorities, especially Black smokers. Nearly 85% percent of Black smokers use menthol cigarettes, compared to 30% of white smokers, according to a 2021 statement from the FDA.
Tangent
Earlier this month, three public health groups—the African American Tobacco Control Leadership Council, Action on Smoking and Health and the National Medical Association—filed a lawsuit against the Food and Drug Administration alleging that it failed to follow through on its own menthol cigarette ban.
Surprising Fact
The FDA banned Reynolds American from selling menthol-flavored e-cigarettes, sold under its Vuse Alto brand, in October.
Further Reading
FDA Sued By Public Health Groups Over Delayed Menthol Cigarette Ban (Forbes)
Biden administration delays ban on menthol cigarettes until 2024 (NBC News)
White House weighs menthol ban amid dueling health, political pressures (The Washington Post)
Biden administration US ban on menthol cigarettes delayed (Reuters)
Biden ban on menthol cigarettes to be delayed amid political concerns, officials say (The Washington Post)
