The proposed prohibition of menthol cigarettes in the US "will require significantly more time," stated US Health and Human Services Secretary Xavier Becerra on Friday, pushing back a decision that had presented political challenges for President Joe Biden as he campaigns for re-election.
Becerra explained, "This regulation has attracted unprecedented attention, and the period for public comments has generated a substantial amount of input, including from various sectors of the civil rights and criminal justice movements." He added, "It's evident that further discussions are necessary, and that will necessitate significantly more time."
An unnamed administration official refrained from specifying a concrete timeline for a final verdict, citing the need for additional consultations and the resolution of raised concerns. "It's difficult to provide a timeframe for that," the official remarked.
While all cigarette flavors were prohibited in 2009, menthol was excluded following industry lobbying. The US Food and Drug Administration (FDA) initially announced in April 2022 its intention to ban the widely popular mint flavor, setting an August 2023 deadline. In October, final regulations were forwarded to the White House Office of Management and Budget for review, a pivotal regulatory stage. It remains labeled as "pending."
The FDA had set a March deadline for action on the regulation. However, with no progress, a coalition of civil rights and medical groups sued the agency earlier this month.
Menthol cigarettes have emerged as a crucial issue for Biden, particularly as he navigates an election year with concerns regarding a decline in Black voter turnout.
According to the US Centers for Disease Control and Prevention, minority groups, particularly Black individuals, have been aggressively targeted with menthol marketing by tobacco companies, exacerbating health disparities.
While some civil rights leaders with ties to the tobacco industry have voiced apprehensions to the White House, suggesting that a ban could criminalize menthol cigarettes and escalate deadly police encounters, others, including the NAACP and the Congressional Black Caucus, have endorsed the ban. They argue, along with numerous public health experts, that it could save hundreds of thousands of Black lives.
The FDA's proposed regulation would prohibit the production and sale of menthols but would not penalize smokers themselves.
Advocates for the ban expressed dismay over the delay.
In a statement, Derrick Johnson, president of the NAACP, characterized the move as "a setback for the Black community, who continue to be unfairly targeted and unjustly harmed by Big Tobacco." He emphasized, "Prioritizing Black lives should not be leveraged as a tool to drive voter turnout, but rather as a principle from which our leaders should not waver."
Nancy Brown, CEO of the American Heart Association, observed that it has been two years since the administration introduced "proposed regulations supported by extensive scientific evidence" and criticized the lack of action, stating that "inaction allows the tobacco industry to persist in aggressive marketing of these products, attracting and addicting new users."
Erika Sward, spokesperson for the American Lung Association, denounced the decision to delay action as "deeply troubling," asserting that it contradicts both science and the response from the civil rights community, including the NAACP, which supports the regulations. She expressed deep concern that President Biden has not fulfilled his commitment to follow scientific evidence and reduce deaths and cancer.
Dr. Mignonne Guy, an associate professor at Virginia Commonwealth University and member of the FDA's tobacco product advisory committee, condemned the delay as "unacceptable," attributing it to political motivations. She questioned the judgment and motives of individuals claiming to represent Black communities when they oppose a ban that could save hundreds of thousands of lives.
Cigarette smoking stands as the leading cause of preventable death, disease, and disability in the United States, responsible for over 480,000 deaths annually, according to the CDC. Moreover, it doesn't only affect smokers; more than 41,000 people die each year in the US due to exposure to secondhand smoke.
According to the Campaign for Tobacco-Free Kids, a menthol ban could potentially save up to 650,000 lives over the next four decades, with one-third of those lives being within the Black community.
