The Biden administration is on the verge of implementing new rules aimed at menthol cigarettes, despite facing significant backlash from various groups including small business owners, civil rights advocates, law enforcement, and proponents of free market principles. These upcoming regulations, first introduced by the Food and Drug Administration (FDA) two years ago, seek to enact a widespread ban on the product, sparking a heated debate among public health proponents and groups concerned with civil liberties and economic impacts.
Despite the urgency conveyed by the FDA, the agency has failed to meet its deadlines for finalizing the ban, with the most recent lapse occurring just this week. An FDA spokesperson emphasized the agency’s dedication to advancing these standards as quickly as possible, stating, “The FDA remains committed to issuing the tobacco product standards for menthol in cigarettes and characterizing flavors in cigars as expeditiously as possible; these rules have been submitted to the [Office of Management and Budget] for review, which is the final step in the rulemaking process.”
As the proposal awaits the White House Office of Management and Budget’s final nod, the delay has frustrated advocates who believe the ban is crucial to Biden’s ambitious “Cancer Moonshot” initiative. The anticipated completion date in August 2023 has been surpassed by over seven months, leading Karen Knudsen of the American Cancer Society to criticize the delay as “a shocking deference to the tobacco industry.”
Opponents of the ban, however, feel their concerns might be gaining traction with policymakers, possibly influencing a reevaluation of the proposed regulations. Various groups argue that a ban could inadvertently nurture a black market for menthol cigarettes, adversely affect small businesses, and disproportionately target minority communities, who are predominant consumers of menthol cigarettes.
Meetings between the White House, FDA, and stakeholders from both sides of the debate have been frequent, as the administration seeks to navigate the complexities of the proposed ban. NACS, representing convenience stores, and other opponents, caution against the ban’s potential economic ramifications, citing evidence from states with existing menthol cigarette bans to argue against the effectiveness of such policies.
Critics like NACS and the U.S. Hispanic Business Council warn that the ban could significantly harm convenience stores’ sales and jeopardize over 600,000 jobs. Moreover, groups like the National Organization of Black Law Enforcement and the National Action Network, founded by Rev. Al Sharpton, have raised concerns about the ban’s impact on minority communities and the potential for increased police interactions.
The FDA’s proposal aims to eliminate menthol as a flavor in cigarettes and restrict all characterizing flavors in cigars to tobacco only. This move, according to the FDA, is intended to curb youth experimentation with tobacco, reduce addiction rates, and encourage current smokers to quit, addressing the leading cause of preventable death in the country.