The Biden administration has announced another delay in the decision on a regulation to ban menthol-flavored cigarettes, citing the large amount of feedback and attention the proposal has received. Health and Human Services Secretary Xavier Becerra mentioned the significant input from various elements of the civil rights and criminal justice movements as a reason for the delay. The rule had already missed a previous deadline for a decision by March and had been held up in an interagency review process.
The administration official explained that the delay was due to ongoing disagreements after months of discussions. They are seeking more time to hear from outside groups, particularly on the civil rights side. Concerns have been raised about the high rates of Black Americans dying from the use of menthol cigarettes, which initially drove the FDA’s push for a ban. However, there are worries about how such a rule would be enforced, with groups like the American Civil Liberties Union warning of disproportionate impacts on people of color.
Public health groups have expressed frustration over the repeated delays to the FDA’s proposal, which was intended to help reduce smoking rates in the U.S. Advocates fear that further delays could allow opponents to overturn the rule using the Congressional Review Act in the next presidential term. FDA spokesperson James McKinney reiterated the agency’s commitment to issuing tobacco product standards for menthol in cigarettes and characterizing flavors in cigars as a top priority. FDA Administrator Robert Califf expressed hope that the ban could be cleared by the end of the year.
The White House has held over 100 meetings on the proposal with various outside groups both in support of and against the regulation. These groups range from convenience store associations to the National Organization of Black Law Enforcement Executives. The administration’s inaction has been criticized by organizations like the American Heart Association, who believe it allows the tobacco industry to continue marketing products that attract and addict new users. The delays have caused concern among advocates who believe that swift action is necessary to address the public health risks associated with menthol-flavored cigarettes.
Overall, the decision on the regulation to ban menthol-flavored cigarettes has been further delayed by the Biden administration, citing the need for more time to address civil rights concerns and hear from outside groups. The FDA’s proposal was intended to significantly reduce smoking rates in the U.S., but repeated delays have frustrated public health advocates. Despite the setbacks, the agency remains committed to issuing tobacco product standards for menthol in cigarettes and characterizing flavors in cigars as a top priority. The administration hopes to resolve the issue by the end of the year, but ongoing disagreements and feedback from various groups continue to prolong the decision-making process.
