As the Biden administration nears the end of its term, public health advocates are increasingly concerned about the lack of action on a federal ban of menthol cigarettes, a move that could significantly reduce tobacco-related illnesses and deaths, particularly among Black communities.
On Tuesday, U.S. Surgeon General Dr. Vivek Murthy emphasized that banning menthol cigarettes could be one of the most effective public health strategies to combat the disproportionate impact of tobacco use on Black Americans. Despite this urgent call to action, the administration appears unlikely to implement the ban before President-elect Donald Trump takes office in January.
The promise of a menthol ban has been in the works for years, with expectations that it would be finalized by the end of this year. However, as time runs out, it seems that menthol cigarettes will remain available on the market. While there is potential for the Food and Drug Administration (FDA) to advance a proposal aimed at capping nicotine levels in cigarettes, the fate of menthol products remains uncertain.
Dr. Avenel Joseph, interim executive vice president of the Robert Wood Johnson Foundation, expressed her disappointment: “As a public health advocate — and as a Black woman and mother — I am heartbroken that this rule has not made it over the finish line.”
The FDA initiated the process to ban menthol tobacco products in 2021 and has since completed all necessary steps to finalize the rule. The responsibility now lies with the Biden administration, which has delayed action multiple times. Public health officials, including Dr. Murthy, have consistently stated that scientific evidence supports removing menthol cigarettes from shelves to save lives.
Political considerations are complicating this public health imperative. Under the Congressional Review Act, any new rule approved by Biden in his final weeks would be subject to congressional review, allowing incoming lawmakers 60 days to potentially reverse it. This creates a significant barrier that may deter the administration from moving forward with the ban.
Experts warn that if this critical measure does not pass now, it may not resurface for years. Dr. Murthy’s recent report outlines various strategies to address smoking-related health disparities among Black individuals and other vulnerable populations. The data is stark: menthol cigarettes are predominantly used by Black smokers, whose unique flavor profile makes inhaling tobacco easier and quitting more difficult.
“This puts the success of quitting lower in the Black population compared to the white population,” Dr. Murthy noted, highlighting that Black individuals attempt to quit smoking more frequently yet face greater challenges.
Joseph further articulated the stakes involved: “Few policies would upend the tobacco companies’ insidious, racist playbook more than a ban on menthol cigarettes, which are largely responsible for the 45,000 Black people in the United States who die from tobacco-related illnesses annually.” The Centers for Disease Control and Prevention has documented how targeted advertising by tobacco companies has disproportionately affected Black communities.
As questions linger about whether the Biden administration will prioritize this ban as one of its final acts, spokespeople from both the White House and FDA have remained tight-lipped about any updates on this pressing issue.
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