Lawsuit targets Biden administration for stalling menthol cigarette ban

WEB DESK: Anti-smoking advocacy groups have taken legal action against the US government, filing a lawsuit on Tuesday to push for the prohibition of menthol cigarettes.

They squarely place the blame on the Biden administration for stalling the process, alleging that this delay has perpetuated the harmful impact of menthol cigarettes, particularly on Black communities.

Menthol, a substance naturally found in peppermint and similar plants, is heavily favored by Black smokers, largely due to targeted marketing by tobacco companies and its appeal to younger demographics.

Despite the US Food and Drug Administration (FDA) proposing a ban on menthol cigarettes in April 2022, subsequent delays in finalizing the rule have allowed tobacco companies to continue exploiting these demographics.

Originally, health officials had aimed to publish a final rule by August of the same year, but failing to meet that deadline, the target was shifted to last month.

With that deadline now missed, the lawsuit seeks to compel both the FDA and its overseeing agency, the Department of Health and Human Services (HHS), to enforce the ban.

The lawsuit, filed in federal court in Oakland, California, argues that the government’s inaction has enabled tobacco companies to target youth, women, and the Black community, to the detriment of public health.

Menthol remains the sole permissible flavor for cigarettes under a 2009 law granting the FDA regulatory authority over tobacco products.

The legal action has been initiated by the African American Tobacco Control Leadership Council, Action on Smoking and Health, and the National Medical Association.

While requests for comment from HHS and the FDA went unanswered, the FDA has previously stated that eliminating menthol cigarettes could potentially prevent hundreds of thousands of smoking-related deaths in the United States over the span of four decades.

According to data from the Centers for Disease Control and Prevention (CDC), between 1980 and 2018, approximately 10.1 million Americans started smoking due to menthol cigarettes, resulting in 378,000 premature deaths.

Menthol-flavored cigarettes accounted for 37% of US cigarette sales in 2021, the highest percentage since records began in 1963.

The disproportionately high usage of menthol cigarettes among Black adults, as highlighted by the CDC, underscores the urgent need for a ban.

Morningstar analyst Philip Gorham estimated that major tobacco companies like Altria and British American Tobacco derive more than 20% of their revenue from menthol products.

In a unified statement, the plaintiffs emphasized the potential benefits of a menthol ban for the Black community, criticizing the Biden administration for allegedly succumbing to misinformation propagated by the tobacco industry.

Notably, the timing of this lawsuit coincides with political dynamics, as the White House seeks to mobilize Black voters to support President Biden’s reelection bid against former President Donald Trump.

This legal action follows a previous lawsuit filed by the same advocacy groups against the FDA in June 2020, which was later withdrawn in June 2022, shortly after the FDA’s proposal for a menthol ban.

The case is identified as African American Tobacco Control Leadership Council et al v. U.S. Department of Health and Human Services et al, and is being heard in the U.S. District Court, Northern District of California, under case number 24-01992.