Decades of dallying led to current delay on menthol ban

The Biden administration’s delay in finalizing a ban on menthol cigarettes is the result of decades of resistance, delays and industry lobbying, according to former officials and public health advocates.

The White House blew past a self-imposed deadline to finalize the proposal in March after missing a previous deadline in August. Advocates now worry the proposal is shelved amid President Joe Biden’s tough reelection fight against former President Donald Trump.

The Food and Drug Administration has contemplated banning menthol cigarettes since as early as 2013, but concerns around potential heavier policing on menthol smokers, particularly Black smokers, and the opportunity for a new illicit menthol market have so far foiled the proposal.

Plus, menthols are popular, especially with Black smokers. The FDA estimated that 18.5 million people smoked menthol cigarettes in 2019. In 2020, 81 percent of Black smokers used menthols, compared with 34 percent of white smokers.

“I agree that at this point, the only holdup could be the politics,” said former FDA Center for Tobacco Products Director Mitch Zeller, who now sits on the board of nicotine-replacement therapy maker Qnovia. Zeller led the FDA’s tobacco center from March 2013 to April 2022.

The potential political fallout is fueling speculation that the proposal will be delayed again, at least until after the presidential election in November. But that risks exposing the rule to a repeal from congressional Republicans should they win control of Washington.

The delay has frustrated advocates who fear the political ramifications could worsen as time goes on.

“If they hit that earlier deadline, any furor over it would have faded by now,” said Eric Lindblom, a senior scholar at the Georgetown University O’Neill Institute and former head of the FDA’s tobacco policy office from January 2011 to November 2016.

The White House has not commented on the rule.

Tobacco has long been a political flash point. Congress wasn’t able to enact a 2009 ban on flavored cigarettes until years after anti-nicotine advocate Campaign for Tobacco-Free Kids and tobacco industry giant Altria struck a deal — and the law ultimately omitted menthol.

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