Anti-smoking groups have taken legal action against the U.S. government for the prolonged delay in implementing a ban on menthol cigarettes. The ban, which has been awaiting approval at the White House for several months, is aimed at addressing the disproportionate use of menthol cigarettes among Black smokers and young individuals.
The lawsuit, filed by three nonprofit organizations, including Action on Smoking and Health, highlights concerns that the federal plan to ban menthols could be jeopardized by political considerations in an election year. Health officials under President Joe Biden had initially set a target date of August last year to publish the rule eliminating menthol flavor, but the White House later extended the review period until March.
The Food and Drug Administration (FDA) has been working on the plan to eliminate menthol for years, estimating that it could prevent hundreds of thousands of smoking-related deaths over several decades, with a significant impact on Black Americans. However, the final approval of the ban rests with the White House.
Previous efforts by the FDA to address menthol cigarettes have faced challenges from the tobacco industry and competing political priorities across different administrations. The current delay has raised concerns among Democrats about potential implications for President Biden's re-election campaign.
Supporters of the ban have emphasized the public health benefits of eliminating menthol cigarettes, particularly in reducing smoking-related deaths among vulnerable populations. They argue that the flavor's numbing effect can make smoking more appealing and harder to quit.
Menthol is the only cigarette flavor that was not banned under a 2009 law granting the FDA authority over tobacco products. The exemption for menthol was a result of negotiations with industry lobbyists, but the FDA has been urged to reconsider a ban on the flavor.
With over 11% of U.S. adults smoking, and a significant portion of Black smokers and teenage smokers using menthol cigarettes, advocates stress the urgency of implementing the ban to protect public health.
