The Biden administration is poised to release long-awaited regulations targeting menthol cigarettes despite opposition from various groups, Fox News reports.
“The FDA remains committed to issuing the tobacco product standards for menthol in cigarettes and characterizing flavors in cigars as expeditiously as possible,” said an FDA spokesperson.
The administration’s delays in finalizing the regulations have raised concerns among supporters of the menthol ban, who argue it aligns with President Biden’s “Cancer Moonshot” initiative. Originally slated for completion in August 2023, the ban’s delays have stretched over seven months.
“This continued inaction is a shocking deference to the tobacco industry,” said Karen Knudsen, CEO of the American Cancer Society.
Opponents of the ban have voiced optimism that their concerns are being heard. Groups representing convenience stores, police, consumers, and minorities have warned of potential negative consequences, including fostering a black market and disproportionately impacting small businesses and minority communities.
“We hope that FDA is reconsidering its policy in light of the evidence that these types of bans simply don’t work,” said the National Association of Convenience Stores (NACS).
The proposed regulations have drawn attention from a wide range of stakeholders, including proponents like the American Cancer Society and opponents like NACS and the National Organization of Black Law Enforcement.
“The proposed ban would have the exact opposite results that proponents have championed,” NACS said in a statement.
Groups representing minorities argue that banning menthol cigarettes while allowing non-menthol ones could intensify scrutiny on minority communities and potentially lead to negative interactions with law enforcement.
“The proposed ban, while well-intentioned, could have had far-reaching economic consequences,” said Javier Palomarez, president and CEO of the U.S. Hispanic Business Council (USHBC).
Despite the opposition, the FDA maintains that implementing the ban aligns with its mission to reduce disease and death from tobacco product use. Tobacco smoking remains the leading cause of preventable death in the U.S.
The FDA’s proposed regulations seek to prohibit menthol as a characterizing flavor in cigarettes and all characterizing flavors other than tobacco in cigars, with the goal of curbing youth experimentation and addiction while encouraging smoking cessation.
