The Biden administration announced Friday that it would delay a decision on whether to ban menthol cigarettes because federal officials need time to consider it.
The White House faces significant opposition from major tobacco companies, which could lose billions of dollars on the move. But the proposal also poses risks for President Biden in an election year, with support waning among Black voters and some seeing it as heavy-handed.
“This rule has received historic attention, and we received a tremendous amount of feedback during the public comment period, including from various elements of the civil rights and criminal justice movements,” said Health and Human Services Secretary Xavier Becerra. said in a statement.
“It's clear that there are still talks to be had and that will take more time.”
The delay goes against a massive push by federal regulators who saw the ban as a way to save lives and reduce deaths from lung cancer. The idea brought together an array of public health organizations, including major lung, heart, cancer, and pediatric associations.
They cite years of data suggesting that menthol cigarettes, long marketed to African-American smokers, make them more palatable to start and harder to quit. .
“Two years after we published a proposed rule backed by extensive scientific evidence, and more than a decade since the FDA began investigating menthol cigarettes, the government is continuing to investigate these deadly and addictive cigarettes. “We have not taken decisive action to remove certain products from the market,” said Nancy Brown. The chief executive of the American Heart Association said in a statement.
“Thanks to government inaction, the tobacco industry is able to continue to aggressively market these products, attracting new users and getting them addicted.”
The FDA proposed a formal ban in May 2022, citing 18.5 million smokers in the U.S. who prefer menthol brands. Researchers who looked at similar developments in other countries found that the ban could result in nearly a quarter of smokers quitting, with the remainder switching to non-menthol cigarettes or managing to continue smoking menthol cigarettes. It is estimated that there is.
The Wall Street Journal first reported the administration's decision on Friday.
The proposal was submitted to the White House in October. Soon, the official calendar was filled with requests for meetings from supporters of the ban as well as opponents such as tobacco companies, convenience stores and gas station retailers who predict billions of dollars in lost sales due to the ban. There was a rush.
Reynolds American, which makes Newport menthol cigarettes, has donated millions of dollars in recent years to political action funds benefiting Republican lawmakers, and in February donated $1 million to a fund supporting former President Donald Trump. donated dollars.
Altria, which makes some of the menthol-based cigarettes Marlboro, donated a smaller amount, but also donated to funds supporting Republican lawmakers.
Congressional Republicans denounced the proposed ban in a letter to the Biden administration, warning that it would increase the trafficking of counterfeit cigarettes. Republicans also launched an unsuccessful effort last year to block government funding for the ban.
Opponents of the ban sponsored prime-time commercials criticizing the ban, arguing that it would encourage illegal cigarette trafficking and enrich cartels. These contributed to concerns among some black leaders that prohibition would encourage law enforcement to target black smokers. (The FDA said such a ban would be enforced at the manufacturer level.)
Biden faces a close re-election race and declining support among black voters, posing a challenge to growing opposition.
Reynolds argued that the ban would have “serious unintended consequences” and lead to increased use of counterfeit cigarettes that would harm public health. Altria made a similar argument, saying that historically low and declining rates of smoking among young people do not justify pushing for a ban.
The FDA previously said the menthol ban was expected to be completed by the end of 2023. As the months passed, public health groups increased the pressure, holding a “menthol funeral” in front of the White House in January to highlight the lost opportunities of the ban. Save lives and eradicate smoking-related diseases.
In April, advocacy groups Action on Smoking and Health and the African American Tobacco Control Leadership Council sued the administration for action.
“FDA's own research confirms that banning menthol saves lives. There is no scientific reason to delay finalizing this rule,” said Laurent Huber, executive director of Action on Smoking and Health. This was stated in a statement when the lawsuit was filed.