Biden’s New Ban Could Cost Him 2024 Election

The White House has failed to meet its designated timeframe for the publication of a rule prohibiting menthol cigarettes, sparking frustration among advocates for public health who fear that election-year politics may indefinitely stall the policy’s implementation.

In an attempt to compel the administration into action, three anti-tobacco public health organizations initiated legal action on Tuesday against the Food and Drug Administration (FDA) and its overseeing body, the Department of Health and Human Services.

In their filed complaint, the groups highlighted the repercussions of the government’s inaction, emphasizing that tobacco companies have persistently exploited menthol cigarettes to target vulnerable demographics such as youth, women, and the Black community, consequently exacerbating public health concerns.

Initially slated for publication last August, the rule to ban menthol faced successive delays, with the Biden administration pushing back the deadline until March amid intense lobbying efforts from critics, including the tobacco industry. Concerns about potential backlash from Black smokers and its impact on President Biden’s reelection prospects seemingly influenced the administration’s decision.

Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, alongside Derrick Johnson, president and CEO of the NAACP, underscored the urgency of the situation, stressing that unnecessary delays in implementing evidence-backed policies such as the menthol ban have dire consequences, particularly for Black communities.

Advocates argue that the proposed ban aligns with the administration’s commitment to health equity and initiatives like Biden’s Cancer Moonshot, emphasizing the need for decisive action to address the significant public health implications associated with tobacco use.

The missed March deadline, albeit regulatory in nature, has raised concerns among experts, who note the absence of substantial pressure on the administration to expedite the process. The Office of Management and Budget (OMB) has engaged in prolonged discussions with various stakeholders, including tobacco industry lobbyists, public health advocates, and civil rights groups, fueling apprehensions regarding the potential influence of vested interests.

Carol McGruder, co-chair of the African American Tobacco Control Leadership, emphasized the significance of holding the administration accountable and ensuring that the voices advocating for public health priorities are heard amidst competing interests.

The prospect of banning menthol cigarettes has been under consideration across successive administrations for over a decade, with the FDA granted authority to regulate tobacco products in 2009. Despite the ban on flavored cigarettes, a menthol exemption persisted, necessitating further deliberation by the FDA.

While the FDA eventually proposed a rule in 2022 estimating significant public health benefits from a menthol ban, the subsequent missed deadline prompted renewed legal action from advocacy groups, underscoring the urgency of finalizing the regulation.

Opponents of the ban have raised concerns about potential unintended consequences, such as the proliferation of illicit markets and increased policing in communities of color. However, proponents emphasize that the policy targets manufacturers and sellers rather than individual consumers.

Amid fears of potential legislative challenges, anti-tobacco advocates stress the significance of immediate executive action, highlighting the unique opportunity for the president to effect substantial public health improvements without congressional intervention.

In summary, the delay in implementing the menthol ban underscores the complex interplay between public health priorities, industry interests, and political considerations, underscoring the imperative for decisive action to safeguard the well-being of communities disproportionately affected by tobacco-related harm.