Biden Criticised for Failing Menthol Cigarette Ban.
The American Lung Association has sharply criticised President Joe Biden for his failure to finalise a ban on menthol cigarettes, a move that was initially promised in 2021. The proposed ban was hailed by public health experts as a vital step in reducing smoking rates, but as the Biden administration left office without taking decisive action, it has led to ongoing concerns about public health and the influence of the tobacco industry.
The controversy surrounding menthol cigarettes has long been a point of contention. Flavoured cigarettes, excluding menthol, have been banned in the United States since 2009, but the minty flavour of menthol cigarettes has continued to be an exception. For many smokers, menthol not only makes the cigarettes taste smoother, but also reduces throat irritation, making it particularly difficult for individuals to quit.
In 2021, the Biden administration expressed its intention to impose a menthol cigarette ban. A formal proposal was made in 2022, and experts predicted the rule would be implemented by summer 2023. However, this deadline came and went without action, and the decision was further delayed until spring 2024. By the time Biden left office, the ban had not been finalised.
The American Lung Association has been outspoken in its disappointment. Thomas Carr, director of national policy for the association, said, “We’re really disappointed in former President Biden and him bowing to tobacco industry pressure." Carr’s words reflect a growing sense of frustration within the health community, which believes that the ban could have saved countless lives and reduced the burden of smoking-related illnesses, which cause over 490,000 deaths annually in the United States.
Biden’s failure to act on the ban is seen as a major victory for the tobacco industry, which has lobbied heavily to maintain the status quo. This influence has been particularly evident in efforts to prevent the menthol ban, which has been framed by some as a key issue for Black communities. The concern is that banning menthol cigarettes could exacerbate over-policing in communities of colour, leading to unnecessary confrontations with law enforcement. In fact, a 2020 study found that 80% of Black adults who smoke prefer menthol cigarettes.
Diane Goldstein, executive director of the Law Enforcement Action Partnership, warned that the proposed menthol ban could be compared to the war on drugs. “This ban would have been yet another extension of the war on drugs, further undermining the relationships with our communities that are absolutely essential to our ability to fight crime,” Goldstein argued.
Sarah Mills, an expert on racial disparities in tobacco consumption, echoed similar concerns, adding that much of the pushback against the menthol ban was driven by the tobacco industry itself. “Overpolicing is a very serious issue for Black and other communities, and the tobacco industry should not be using this serious issue to advance their own policy agenda,” said Mills, who has conducted research into how tobacco companies disproportionately target Black communities with menthol cigarette promotions.
The failure to finalise the ban has left many in the public health community disheartened. Mills expressed particular disappointment after the Trump administration reversed the proposal, labelling it a “devastating” blow to public health. “My hope is that cities and states continue to move forward with implementing local and statewide bans,” she said, underscoring the importance of continued action at a local level.
The decision by the Trump administration to retract the menthol cigarette ban has been warmly received by leading tobacco manufacturers such as Altria and Reynolds American. Luis Pinto, vice president of communications at Reynolds American, noted, “We are pleased that the new Administration recognizes prohibitionary policies don’t work. There are more effective ways to transition adult smokers away from cigarettes.”
Despite these objections, the American Lung Association is urging the federal government to find alternative solutions to mitigate the health risks associated with smoking. Carr suggested the FDA could implement a tracking system to combat the growing issue of counterfeit tobacco products. He also called on Congress to introduce legislation requiring e-cigarette manufacturers to contribute fees to the FDA to support its regulatory functions.
As the debate around menthol cigarettes continues, many are left wondering whether further inaction could result in continued harm to public health. The American Lung Association’s report serves as a stark reminder of the critical importance of regulatory measures in combating the nation’s smoking epidemic.
Dr. Dorothy Fink, acting health secretary under Trump, has urged a temporary communication freeze until February 1, meaning it remains to be seen whether the Biden administration or other authorities will provide a clearer response in the near future.
In the meantime, states like Massachusetts, California, and Washington, D.C. have already taken matters into their own hands by implementing bans on menthol cigarettes, leaving the federal government to decide whether it will follow suit or continue to bow to pressure from the tobacco industry.
There have been multiple discussions and proposals in the past regarding a potential ban on menthol cigarettes, stretching back several decades.
- 1970s and 1980s:
The first serious regulatory steps regarding menthol cigarettes began in the 1970s and 1980s. In 1970, the U.S. Congress passed the Public Health Cigarette Smoking Act, which required health warnings on cigarette packaging. Menthol cigarettes, however, were not specifically targeted at that time. During the 1980s, the U.S. Food and Drug Administration (FDA) considered regulating menthol as an additive in cigarettes, but no ban was imposed. - 1990s:
In the 1990s, concerns about the disproportionate impact of menthol cigarettes on African American communities grew. Studies showed that menthol cigarettes were particularly popular among Black smokers, with nearly 80% of Black smokers choosing menthols. The FDA began investigating the potential public health risks of menthol in cigarettes. In 1994, the FDA concluded that menthol in cigarettes might have an impact on smoking initiation and addiction but stopped short of banning it, due to the complex legal and regulatory challenges. - 2000s:
The issue was revisited more seriously in the early 2000s. The 2009 Family Smoking Prevention and Tobacco Control Act gave the FDA the authority to regulate tobacco products for the first time. While this law banned most flavoured cigarettes (such as fruit, candy, and clove flavours), it allowed menthol to remain available. This decision sparked significant debate, and public health advocates argued that menthol should also be banned, pointing to its popularity and its role in making smoking more accessible, particularly to younger and novice smokers. - 2013:
In 2013, the FDA released a preliminary report stating that menthol cigarettes were more addictive than non-menthol cigarettes and posed a public health risk, particularly to certain communities. However, the FDA indicated it did not have enough evidence at the time to issue a ban, though it signalled that further action might be taken in the future. - 2018:
In 2018, the FDA took a significant step by announcing a public consultation on the potential ban of menthol in cigarettes, signalling an increased interest in addressing menthol’s role in smoking-related harm. The FDA acknowledged the growing body of evidence suggesting that menthol contributed to smoking initiation and greater difficulty in quitting.
Throughout these years, the tobacco industry has opposed such measures, arguing that a menthol ban could drive consumers to the black market and result in unfair targeting of certain communities, particularly Black Americans, who have historically been the primary consumers of menthol cigarettes.
Despite these efforts and proposals, no formal ban was put in place until the Biden administration's 2021 announcement. However, states such as Massachusetts, California, and Washington, D.C. have acted independently to impose local menthol bans.
The historical trajectory of menthol cigarette regulation in the U.S. reveals a growing awareness of the public health risks associated with menthol, yet also highlights the influence of the tobacco industry, which has made such a ban a difficult political issue for many years.
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