The Biden administration announced on Friday that it would further postpone a decision regarding a proposed regulation to ban menthol-flavored cigarettes.
Health and Human Services Secretary Xavier Becerra stated that the rule has received significant attention and generated a substantial amount of feedback, particularly from civil rights and criminal justice advocates.
The White House had already missed a prior deadline to decide on the regulation by March due to delays in the interagency review process.
A senior administration official mentioned that disagreements persisted after extensive discussions over several months, making it difficult to provide a specific timeline for the delay.
The administration seeks additional time to engage with external groups, especially those focused on civil rights concerns.
Despite acknowledging the disproportionate impact of menthol cigarettes on Black Americans, there are worries about the enforcement and potential consequences of such a ban.
Groups like the American Civil Liberties Union have opposed the menthol cigarette ban, emphasizing its potential adverse impact on people of color and suggesting it prioritizes criminalization over public health and harm reduction.
Secretary Becerra emphasized the need for more discussions, indicating that further delays are expected.
The White House has conducted numerous meetings with various groups, including convenience store associations and law enforcement organizations, both in favor of and against the proposed regulation.
Public health advocates have expressed frustration over the repeated delays, as the FDA’s proposal was seen as a critical component of efforts to reduce smoking rates in the U.S. Some fear that continued delays may allow opponents to challenge the rule using legislative avenues in the future.
Despite these delays, FDA spokesperson James McKinney reiterated the agency’s commitment to establishing tobacco product standards for menthol in cigarettes and addressing flavored cigars.
During a recent congressional hearing, FDA Administrator Robert Califf emphasized the urgency of the issue, citing his experience as a cardiologist in North Carolina and the devastating impact of tobacco-related illnesses.
He expressed hope that the menthol ban could be finalized by the end of the year.
