President Joe Biden’s administration has indefinitely postponed a long-anticipated ban on menthol cigarettes, a move that has angered anti-smoking advocates but could prevent a political backlash from Black voters in the upcoming November elections.
Health and Human Services Secretary Xavier Becerra stated that more time is needed to consider feedback from various groups, including civil rights organizations, before issuing the rule. The White House has held numerous meetings with groups opposing the ban, many of which have financial ties to tobacco companies.
This delay is a setback for the Food and Drug Administration (FDA), which had drafted the ban and estimated that it would prevent hundreds of thousands of smoking-related deaths over four decades. The agency has been working towards banning menthol across multiple administrations without ever finalizing a rule.
Anti-smoking advocates have been pushing for the ban since 2009, when the FDA gained authority to regulate certain tobacco ingredients. Menthol is the only cigarette flavor that wasn’t banned under that law, due to a carveout negotiated by industry allies in Congress.
Menthol cigarettes are disproportionately used by Black smokers, with about 80% of them preferring menthol. The FDA says that menthol masks the harshness of smoking, making it easier to start and harder to quit. Tobacco companies have targeted Black communities with menthol advertising and promotions for decades.
The proposed ban has faced opposition from some civil rights leaders, who warn that it could create an illegal market in Black communities and lead to more confrontations with police. However, the FDA and health advocates have rejected these concerns, emphasizing that the rule would only apply to companies that make or sell cigarettes, not individuals.
Despite the delay, an FDA spokesperson stated that the agency remains committed to banning menthol cigarettes, considering it a top priority. Smoking is responsible for 480,000 deaths each year in the U.S., including 45,000 among Black Americans.
The Associated Press contributed to this article.