Biden administration suddenly delays plan to ban menthol cigarettes amid widespread protests

Biden administration suddenly delays plan to ban menthol cigarettes amid widespread protests


The Biden administration suddenly announced on Friday that it would delay Rules banning menthol cigarettes Amid widespread opposition to the proposal.

In a statement, Health and Human Services (HHS) Secretary Xavier Becerra said his agency would not take steps to finalize the rules and pointed to opposition from civil rights activists. Since they were first proposed by HHS’ Food and Drug Administration (FDA), the regulations have sparked a contentious debate among health advocates and civil liberties and business groups.

“This rule has attracted historic attention and received a tremendous amount of feedback during the public comment period, including from various elements of the civil rights and criminal justice movements,” Becerra said in a statement. “It is clear that there are further negotiations to be done and that it will take much longer.”

Started 2 years ago

The announcement comes just two years after the FDA initially proposed rules that paved the way for a historic ban on menthol cigarettes, with the administration saying it would be a “crucial” part of President Biden’s cancer moonshot initiative. The FDA also argued at the time that the ban would broadly “reduce the attractiveness of cigarettes” and have significant health effects.

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The Department of Health and Human Services previously said a ban on menthol cigarettes would be a “crucial” part of President Biden’s cancer moonshot initiative. (Getty Images)

FDA finally hands over rules to White House Office of Management and Budget (OMB) months ago for final approval after a lengthy public comment period. However, officials dragged their feet in moving forward with the rules and missed several self-imposed deadlines to finalize them, leading to concerns among health advocates that the administration could change course.

“Unfortunately, the chances of this Administration making these rules a reality are diminishing as time goes on, and ACS is calling on the Cain Administration not to miss the opportunity to make historic gains in the fight against cancer,” the American Karen Knudsen, CEO of the cancer society Cancer Action Network, said in a statement Friday before Becerra’s announcement.

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‘highest priority’

OMB declined to comment and referred Fox News Digital back to Becerra’s statement.

And an FDA spokesperson said the agency remains committed to issuing tobacco product standards for menthol in cigarettes and specific flavors in cigars.

“As we have made clear, these product standards are at the top of our priorities,” the spokesperson said.

xavier becerra

Health and Human Services Secretary Xavier Becerra testifies before the Senate Finance Committee on March 22, 2023. (Kevin Dietsch/Getty Images)

During the public comment period, associations representing convenience stores, police, consumers, and minority groups warned the administration that a ban on menthol cigarettes could fuel an illicit market for the product, while penalizing small business owners and minorities. who are the largest consumers of the product. ,

Groups representing minorities, such as the National Organization of Black Law Enforcement and the nonprofit National Action Network—which was founded by civil rights leader Rev. al sharpton – Argued that banning menthol cigarettes while not banning non-menthol cigarettes “puts a microscope on minority communities.”

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White House meetings

According to White House records, the National Organization of Black Law Enforcement, the National Action Network, the National Newspaper Publishers Association and civil rights attorney Benjamin Crump met with Becerra, FDA Commissioner Robert Califf and White House domestic policy advisers to discuss the proposal in November. Met Neera Tandon. ,

The White House also convened meetings with other stakeholders, including the American Cancer Society Cancer Action Network, the American Lung Association, and the National Association of Convenience Stores (NACS).

A Sharpton

The Rev. Al Sharpton’s National Action Network emerged as a leading opponent of the Biden administration’s menthol cigarette ban. (Erica Goldring/Getty Images for Essence)

“USHBC appreciates President Biden’s leadership in delaying the menthol ban,” said Javier Palomarez, president and CEO of the U.S. Hispanic Business Council, which will have an unintended impact on convenience store sales and the livelihoods of more than 600,000 workers across the country. Recognizes the consequences.” , told Fox News Digital in a statement.

“Enacting a ban would not only be ineffective, but would also risk disproportionately criminalizing people of color, the same communities where menthol cigarettes are consumed,” said Palomarez. “We are pleased that the President has heard our concerns and we offer ourselves as a resource to develop a comprehensive approach to public health.”

dollars and cents

According to NACS, this rule will reduce non-tobacco miscellaneous sales by $72,285 per year and tobacco product sales by $160,107 per year. Nationwide Specialty Convenience Stores, The organization estimated that the convenience store industry could collectively lose $2.16 billion in sales as a result of the regulations.

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Additionally, government watchdog group Protect the Public Trust (PPT) said Friday the administration’s actions confirmed concerns it expressed last week when it sued HHS to withhold documents related to the rule. .

“This announcement appears to confirm the basis of our lawsuit a few weeks ago over the proposed menthol cigarette ban. It is not a good thing for public health officials to follow polls instead of science. This is a major reason why we trust our public health officials. is also “at an all-time low,” said PPT Director Michael Chamberlain. “This only increases the need for transparency in really driving decisions at the FDA.”


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