The Biden administration said it is finalizing standards on menthol cigarettes over widespread opposition to the proposal from small businesses and civil rights leaders.
The Biden administration is preparing to soon finalize highly anticipated standards targeting menthol cigarettes despite heavy opposition from small business, civil rights, law enforcement and free market consumer groups. The regulations, which would broadly ban the product, were first proposed by the Food and Drug Administration two years ago and have sparked a contentious debate between health advocates and civil liberties and business groups.
But the Biden administration's continued delays in finalizing the regulations has caused angst among proponents of banning menthol cigarettes, many of whom have argued such an action is vital for achieving goals laid out in President Biden's 'Cancer Moonshot' initiative. The administration was first expected to finalize the ban in August 2023, meaning its delays have stretched more than seven months.
Opponents of the ban expressed optimism that their advocacy has resonated with White House officials, potentially prompting them to reconsider the ban. Associations representing convenience stores, police, consumers and minority groups have warned a ban on menthol cigarettes could foster a black market while punishing small business owners and minorities who are the largest consumers of the product.
and other opponents of the regulations have pointed to data from states that have banned menthol cigarettes, arguing such policies don't work. According to NACS, the rule would lead to a reduction of $72,285 a year in non-tobacco sundry sales and $160,107 a year in tobacco product sales for the typical convenience store nationwide. The organization claims the convenience store industry could collectively lose $2.16 billion in sales because of the new regulations.
The FDA first issued the product standards to prohibit menthol as a characterizing flavor in cigarettes and prohibit all characterizing flavors other than tobacco in cigars in April 2022. The agency said the move would reduce disease and death from tobacco product use by reducing youth experimentation and addiction, while increasing the number of smokers that might quit. Tobacco smoking remains the leading cause of preventable death nationwide, according to the FDA.
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