Biden's Delay on Menthol Cigarette Ban Sparks Criticism
The Biden administration is under fire for alleged political considerations in delaying the introduction of rules banning menthol cigarettes. The expected final rules, promising to reduce diseases and deaths, are now skeduled for March introduction.
A census of regulatory tasks, known as the "Common Agenda for Regulatory and Deregulatory Actions," revealed that the administration has been under intense lobbying from the tobacco industry, looking to halt or delay these regulations.
"In the past few weeks, the tobacco industry has increased pressure on the White House to postpone or abandon these rules," Harold Wimmer, CEO of the American Lung Association, stated. The industry fiercely protects its profits, even if it means damaging public health.
Originally scheduled for completion by August 2023, the administration postponed the rules to the end of the year. Now, experts predict an earliest March implementation date. Initially reported by The Washington Post, the new rule delay has caused a stir.
The White House's public schedule on regulatory meetings shows that, in the past month, 41 meetings were scheduled for the menthol rules – 38 with tobacco industry and its allies, and three with public health advocates.
"We're still waiting for a response from them. They haven't scheduled a meeting with us yet," Erica Sward, the Lung Association's deputy vice president for advocacy, shared. "She added that the group submitted a request for a meeting with the administration a month ago."
Other organizations, such as the Cancer Action Network of the American Cancer Society, the National Hispanic Medical Association, and black faith leaders advocating for an end to menthol sales, couldn't meet with officials to discuss the rules, according to Sward.
Meetings usually don't run as long, said Sward.
"The Lung Association has reasons to believe that potential delays are due to the tobacco industry and their dealings with the White House," Sward stated.
Tobacco Industry Uses Police Brutality Argument
A controversial meeting, attended by the National Organization of Black Law Enforcement Officers (NOBLE) and ex-congressman and Altria lobbyist Fred Phelps, utilized a police brutality argument to counteract regulation efforts.
Two other organizations, National Action Network of Rev. Al Sharpton and the National Newspaper Publishers Association, also partook in the affair. More than two-dozen Biden administration officials, including Dr. Biden, FDA Commissioner Robert Califf, and Health Secretary Xavier Becerra, participated.
To bypass resistance, tobacco companies have concentrated on securing partners in African American organizations, arguing that menthol bans would criminalize sought-after flavored tobacco products and create an illicit market. Invoking the Eric Garner case, a Black man killed by police after selling loose cigarettes, they present these arrests as minor misdemeanors culminating in death. This stance is supported by the American Civil Liberties Union.
Although many African American organizations have long championed menthol bans, stating that their harmful effects disproportionately damage the Black community, the Biden administration attributes the mismatch in the discussion to how meetings were recorded in the public calendar.
When the administration speaks with groups, individual members within these groups can request separate meetings, resulting in an enhanced number of recorded sessions, said an administration official, speaking anonymously as they were not authorized to speak publicly.
The administration claims it has yet to meet with all interested parties, saying it will do so in the coming months. A reason for menthol regulation delay was not provided.
Dr. Andrea Villanti, vice director of the Nicotine and Tobacco Institute at Rutgers University, believes the causes for the delay are political influences.
"My best guess as to why a delay has occurred is due to the political forces connected to tobacco in the United States. Menthol cigarettes are taking an increasingly larger share of the cigarette market," Villanti stated. "I believe she is referring to the latest data from the FTC which shows that menthol now makes up 37% of the cigarette market."
Tobacco companies have actively fought against regulations related to menthol and flavored tobacco products, according to Villanti.
"We have seen numerous examples of this throughout history," she said.
RJ Reynolds, the manufacturer of Newport – America's most popular menthol brand, stated in a statement to CNN that the company expects a menthol ban to ultimately harm more Black smokers than help.
"Reynolds' stance on menthol is clear – we are convinced that there are more effective ways to reduce tobacco's harm than banning menthol cigarettes. A menthol ban hurts public health rather than helping it," the statement reads.
Experts say ban could save thousands of lives
Public health advocates argue that a ban on menthol cigarettes could save thousands of lives.
Villanti said that about 500,000 people die annually from tobacco use in the United States, with at least 200,000 deaths attributed to menthol cigarettes.
"I think every day, every month, we delay, we risk reducing the impact on public health," Villanti, part of the Rutgers team overseeing the FDA's Menthol review, said. "Menthol is a unique compound, not just for a sensory experience, but it also anesthetizes the throat, making smoking easier and increasing the likelihood of nicotine intake and addiction."
She added that leaving menthol cigarettes on the market raises quit success rates specifically among Black, Hispanic, and other non-white smokers.
"It has a uniquely powerful combination – a unique chemical makeup, a unique taste, and a unique sensory experience that makes the start of nicotine intake easier, raises the likelihood of continued use, and makes quitting more difficult," she said.
A study conducted in 2020 found that 43 percent of adult smokers use menthol, with over 83 percent of Black smokers opting for menthol. Only about 30 percent of white smokers choose menthol.
Biden administration defends delay, says meetings not evenly distributed
Noting the disparity in the discourse, attributing it to how treetings were logged on the public calendar, the administration said that when it engages with groups, individual members within these groups can request separate meetings. This leads to increased recorded sessions, An unnamed administration official told The Fact Checker. These officials declined to speak publicly, citing confidentiality clauses.
The administration stated it had yet to meet with all interested parties and plans to do so in the following months. It did not cite a specific reason for the menthol regulation delay.
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The tobacco industry, particularly Reynolds American, is using arguments about police brutality to argue against the ban on menthol cigarettes, part of a broader lobbying campaign against regulations.
Despite the political sensitivity and potential backlash from Black voters, the Biden administration has delayed the implementation of the final rules for menthol regulations, pending in March.
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