Biden Administration Delays Menthol Cigarette Ban Amidst Election and Health Disparity Concerns

The Biden administration has announced a delay in implementing its plan to ban menthol cigarettes, following pushback from various groups ahead of the 2024 elections. Department of Health and Human Services (HHS) Secretary Xavier Becerra stated that further conversations with stakeholders would be necessary before a final decision was made on banning the products, due in part to the large number of responses received during the public comment period. The administration’s proposal aimed to reduce youth initiation into smoking, increase cessation success rates and address health disparities among minority communities by prohibiting menthol cigarettes. Menthol cigarettes account for over a third of all cigarette sales in America, with 85% of black smokers preferring them as of 2019. Some activists have opposed the ban due to concerns that it could lead to an increase in illicit smoking among communities already disproportionately affected by tobacco-related health issues and criminal justice policies targeting these products. This news follows recent polls indicating a shift in black male voting preferences, with 30% now expressing greater support for former President Donald Trump than was the case during his 2020 campaign, raising questions over potential electoral consequences of policy decisions regarding menthol cigarettes and related issues such as policing. The FDA did not respond to requests for comment on when it plans to announce a decision following its August self-imposed deadline in 2023.