The Biden administration’s delay in finalizing the menthol cigarette ban has drawn sharp criticism from health advocates, especially in light of the recent decision by the Trump administration to withdraw the proposal. This failure to act on what many experts believe could have saved countless lives has become a point of contention between the government, health organizations, and the tobacco industry.
In 2021, the Biden administration made a significant move by announcing its intention to ban menthol cigarettes, a step that was widely welcomed by the medical community. Public health advocates believed that such a ban could prevent hundreds of thousands of smoking-related deaths over the next several decades. The menthol flavor, which is the only remaining exception in the U.S. flavored cigarette ban that was introduced in 2009, makes cigarettes more palatable and less harsh on the throat, which in turn makes them more addictive.
While the public eagerly awaited the finalization of this rule, the administration failed to meet its expected timeline of summer 2023, pushing the deadline to spring 2024 and further delaying the decision. As the clock ran out on President Biden’s term, the Trump administration made the surprise move of withdrawing the menthol cigarette ban proposal, leaving the future of the rule in limbo.
The American Lung Association, a leading health organization, expressed deep disappointment with the Biden administration’s inability to implement the ban. Thomas Carr, the organization’s national policy director, said, “We’re really disappointed in former President Biden and him bowing to tobacco industry pressure.” In its annual “State of Tobacco Control” report, the association stressed that the delay in banning menthol cigarettes would result in continued health risks, with smoking causing over 490,000 deaths annually in the U.S.
The main reason behind the administration’s hesitance to finalize the ban seems to lie in a complex mix of political pressure and concerns about social justice. Public health experts believe that menthol cigarettes disproportionately affect Black communities, with nearly 80% of Black adult smokers using menthol-flavored tobacco. However, critics argue that the ban could inadvertently lead to an increase in illegal distribution of menthol cigarettes, which could further exacerbate strained relations between police and communities of color. This concern has been voiced by organizations like the Law Enforcement Action Partnership, which has expressed that such a ban could worsen the over-policing of communities already dealing with systemic racial issues.
Additionally, the tobacco industry has been an active player in lobbying against the menthol ban. Reports have revealed that major tobacco companies, such as Altria and Reynolds American, have financially supported some civil rights groups and activists to push back against the proposal. These groups have argued that the ban could lead to negative social consequences, including further criminalization and police targeting of Black communities.
Sarah Mills, a researcher focused on racial disparities in tobacco use, noted that the tobacco industry’s influence in this debate cannot be overlooked. She argued that while over-policing is a legitimate concern, it should not be used as a tactic by the tobacco industry to prevent public health reform. Mills highlighted how menthol cigarette ads are more prevalent in neighborhoods with larger Black populations, contributing to higher rates of smoking in these areas.
While some states, including Massachusetts and California, have already enacted menthol bans, the decision to withdraw the federal proposal is being viewed as a significant setback in the fight against smoking. Despite the Trump administration’s move, advocates remain hopeful that individual states and cities will continue to push for local bans on menthol cigarettes.
In response to the Trump administration’s withdrawal, tobacco companies praised the decision, claiming that prohibitionist policies would only lead to the rise of illicit markets. “Criminalizing menthol cigarettes would lead to serious consequences,” said Luis Pinto, vice president of communications at Reynolds American, echoing the concerns of those who argue that the ban would do more harm than good.
Despite the setback at the federal level, the American Lung Association remains committed to its cause. The association’s report urges the Food and Drug Administration (FDA) to focus on other strategies, such as tracking counterfeit tobacco products, and calls for Congress to pass legislation to impose fees on e-cigarette manufacturers to support regulatory efforts.
In conclusion, while the Biden administration’s failure to finalize the menthol cigarette ban has been met with criticism, the debate surrounding the issue highlights the complex intersection of public health, racial justice, and the powerful influence of the tobacco industry.
