Biden's Menthol Cigarette Ban Delay Sparks Controversy
The Biden administration is facing criticism for reportedly delaying the implementation of rules to ban menthol cigarettes, citing political considerations and industry pressure. The anticipated final regulations, which could reduce diseases and deaths, are now projected for a March introduction.
An assessment of regulatory tasks, known as the "Common Agenda for Regulatory and Deregulatory Actions," revealed that the administration has faced intense lobbying from the tobacco industry to halt or delay these regulations.
Recently, the tobacco industry intensified its lobbying efforts on the White House, urging a postponement or cancellation of these rules, as reported by Harold Wimmer, the American Lung Association's CEO. The industry fiercely protects its profits, even if it means jeopardizing public health.
Originally scheduled for completion by August 2023, the administration shifted the rules to the end of the year. Now, experts speculate an earliest March implementation date. The new rule delay, first reported by The Washington Post, has sparked controversy.
The White House's calendar of 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, revealed. "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, were unable to meet with officials to discuss the rules, according to Sward.
"Meetings usually don't run this long," Sward shared, implying potential delays might stem from the tobacco industry and its dealings with the White House.
Tobacco Industry Leverages Police Brutality Argument
A controversial meeting involving the National Organization of Black Law Enforcement Officers (NOBLE), ex-congressman and Altria lobbyist Fred Phelps, and other organizations took an unusual turn. They employed a police brutality argument to counteract regulation efforts.
Arguing that menthol bans would criminalize sought-after flavored tobacco products and create an illicit market, the tobacco industry invoked the Eric Garner case. Garner's death after being arrested for selling loose cigarettes was presented as an example of minor misdemeanors escalating into tragic circumstances. This stance garnered support from the American Civil Liberties Union.
Although many Black and other marginalized community organizations have long championed menthol bans, the Biden administration attributes the apparent mismatch in the discussion to how meetings were recorded in the public calendar.
"When the administration engages with groups, individual members within these groups can request separate meetings. As a result, the number of recorded sessions increases," an administration official, speaking anonymously, explained. The administration claims it has yet to meet with all interested parties, stating it will do so in the coming months. No specific reason for the menthol regulation delay was provided.
Experts argue ban could save thousands of lives
Public health advocates maintain that banning menthol cigarettes could save thousands of lives.
An expert from the Rutgers University's Nicotine and Tobacco Institute, Dr. Andrea Villanti, stated that about 500,000 people die annually from tobacco use in the United States, with at least 200,000 deaths attributed to menthol cigarettes.
"Every day, every month, we delay, we risk reducing the impact on public health," Villanti, part of the team overseeing the FDA's Menthol review, said. "Menthol is a unique compound, not just for a sensory experience, but 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 shared.
A 2020 study 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 addresses delay, mentions disparity in meeting distribution
Noting the disparity in the discourse, attributing it to how meetings were logged on the public calendar, the administration insists that when it engages with groups, individual members within these groups can request separate meetings. This leads to increased recorded sessions, according to an unnamed administration official. These officials declined to speak publicly, citing confidentiality clauses.
The administration maintains it has yet to meet with all interested parties and plans to do so in the following months. It did not provide a specific reason for the menthol regulation delay.
