The White House announced today that it has temporarily dropped its planned ban on menthol cigarettes.
The ban was initially proposed by the Food and Drug Administration (FDA) in April 2022, with the intended deadline of August 2023. In October 2023, the FDA sent final rules to the White House Office of Management and Budget, but the review is still listed as pending with the office.
The most recent deadline of March has also come and gone, leading to public health groups filing a second lawsuit against the FDA earlier this month.
With the election coming up, it is expected that the delay will continue at least through November.
“This rule has garnered historic attention, and the public comment period has yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement,” Xavier Becerra, the health and human services secretary, said in a statement. “It’s clear that there are still more conversations to have, and that will take significantly more time.”
According to the Centers for Disease Control and Prevention (CDC), menthol cigarette sales make up for 37% of cigarette sales in the U.S. The hit to retailers could be significant should this menthol ban take effect.
Retailers have also voiced concerns about safety should the ban be enacted, noting that it could create an illicit marketplace for menthol sales.
“We appreciate the willingness of the Department of Health and Human Services to give more consideration to its policies relating to menthol cigarettes,” said Doug Kantor, general counsel at the National Association of Convenience Stores (NACS). “Real world data and results have shown that prohibition of menthol cigarettes does not reduce smoking or advance public health. Instead, like the experience with prohibition of other entrenched products, it simply leads to more illicit sales. We hope the weight of evidence showing the ineffectiveness of what was originally proposed leads the Department to change course entirely.”
Today, the National Association of Tobacco Outlets (NATO) met with representatives from the Office of Management and Budget (OMB), the Executive Office of the President, the FDA and the Department of Health & Human Services (HHS).
According to NATO, the trade association advocated that the ban should not be finalized for the following reasons:
- It would have a substantial negative economic impact on reputable, licensed and regulated retail businesses.
- It would severely negatively impact government revenues and the public programs which they fund.
- It would result in significant unintended consequences, including the fact that the supply of these products will shift from licensed and regulated retailers to an already flourishing illicit market.
- Licensed and regulated retailers sell tobacco products responsibly and are in compliance with all laws and regulations, which is already preventing youth access to menthol cigarettes and flavored cigars.
