The Food and Drug Administration’s controversial proposal to ban menthol-flavored cigarettes is facing yet another delay, as the Biden administration has announced that it will postpone its decision. This decision comes in light of the immense amount of feedback and historic attention that the regulation has garnered.
Health and Human Services Secretary Xavier Becerra has emphasized the significant attention and feedback received during the public comment period for this rule. In a statement, he acknowledged the historic interest it has generated and the valuable input provided by different stakeholders, including those from the civil rights and criminal justice sectors.
The White House had already exceeded its own deadline to make a decision on the regulation by March. The rule had been stuck in a review process involving multiple government agencies.
According to a senior administration official, it is difficult to determine the exact timeframe for the delay. This is due to ongoing disagreements that have persisted even after months of intense discussions.
According to the official, they are requesting additional time to gather input from external organizations, particularly those focused on civil rights.
The FDA initially sought a ban on menthol cigarettes due to the alarming rates of Black Americans dying from their use. However, there were concerns about the enforcement of such a rule and its potential impact on civil rights.
The American Civil Liberties Union has actively campaigned for months against a ban on menthol cigarettes. They have raised concerns about its potential impact on people of color, arguing that it could disproportionately affect this demographic. They have also highlighted the risk of prioritizing criminalization over public health and harm reduction.
“In his statement, Becerra acknowledged that there are still numerous discussions that need to take place, emphasizing that this process will require a considerable amount of time.”
The White House has already held over 100 meetings to discuss the proposal with various outside groups, including convenience store associations and the National Organization of Black Law Enforcement Executives.
Public health organizations have expressed their frustration over the repeated delays in the FDA’s proposal. These delays were anticipated to be a crucial component of the government’s efforts to substantially reduce smoking rates in the United States.
Concerns have been raised by advocates regarding potential delays that could result in the rule being susceptible to being overturned using the Congressional Review Act in the next presidential term.
“The American Heart Association’s CEO, Nancy Brown, expressed concern over the administration’s lack of action, stating that it is allowing the tobacco industry to persistently promote and entice new users, ultimately leading to addiction.”
The FDA spokesperson, James McKinney, stated that the agency is fully dedicated to prioritizing the issuance of tobacco product standards for menthol in cigarettes and characterizing flavors in cigars.
During a House Appropriations Committee hearing, FDA Administrator Robert Califf expressed his optimism that the ban could be lifted by the end of the year.
“As a cardiologist with 35 years of practice in North Carolina, I have witnessed the devastating impact of tobacco-related illnesses firsthand. Working as an intensivist, I have unfortunately encountered numerous cases where patients reached the end stage of this disease. Addressing this issue has always been a paramount concern for our medical community,” states the experienced physician.
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