Biden’s Administration Delays Menthol Cigarette Ban Indefinitely in Political Decision
President Joe Biden’s administration has once again postponed the long-awaited ban on menthol cigarettes, citing a need to consider feedback from civil rights groups and others. This move is being viewed as a political decision aimed at avoiding potential backlash among Black voters in November’s elections.
The Food and Drug Administration (FDA) has attempted multiple times to eliminate the sale of menthol cigarettes, but it has faced pushback from tobacco companies, members of Congress, and competing interests within previous administrations led by Obama, Trump, and Biden himself. The mint-flavored smokes are particularly popular among young people and minorities, with 85% of Black cigarette users opting for menthols compared to just a third of white smokers.
The FDA has argued that the flavor masks the harshness of smoking, making it easier to start but harder to quit. Menthol is currently the only tobacco product flavor exempt from the 2009 law granting authority over such products to the agency; this exemption was negotiated by industry lobbyists at the time. The act did call for a ban on menthol, however.
Any potential ban would take years to implement and is likely to face legal challenges from tobacco companies. In its statement announcing the delay, Biden’s top health official provided no timeline as to when such action might be taken; instead, she indicated that further consideration of feedback was required before any decision could be made.
Over the last several months, there have been many discussions within White House ranks with a variety of groups opposed to the ban, including civil rights organizations, law enforcement officials, and small business owners. Most of these parties maintain financial ties to tobacco companies in some way or another. The FDA’s attempt to outlaw menthol has met opposition from Big Tobacco as well as other political interests within previous administrations led by Obama, Trump, and now Biden himself, leaving this action currently hung in a state of uncertainty while stakeholders consider its implications on public health versus individual freedom-of-choice.
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