By MATTHEW PERRONE (AP Health Writer)
WASHINGTON (AP) — Anti-smoking groups took legal action against the U.S. government on Tuesday over the prolonged delay in banning menthol cigarettes, which has been waiting for approval at the White House for several months.
The legal action is the most recent attempt to pressurize the government into banning menthol cigarettes, which are used more by Black smokers and young people. This comes at a time when advocates are worried that political issues related to the upcoming elections could derail the federal plan.
During President Joe Biden's administration, health officials initially planned to announce the rule to remove the minty flavor in August last year. However, White House officials said last year that they needed until March to review the rule. After the March deadline passed, three nonprofit groups, including Action on Smoking and Health, filed their lawsuit in a federal court in California.
The groups state in their complaint that due to the government's inaction, tobacco companies have continued to target youth, women, and the Black community with menthol cigarettes, which harms public health.
A spokesperson for the White House could not immediately comment on the lawsuit when reached Tuesday.
The Food and Drug Administration has spent years developing the plan to eliminate menthol, estimating it could prevent 300,000 to 650,000 smoking deaths over several decades, with the majority being among Black Americans.
Like all major federal regulations, the plan must get final approval from the White House.
Previous FDA efforts on menthol have been obstructed by the tobacco industry or competing political priorities across several administrations. The current delay occurs as Democrats express concerns about Biden’s chances in a rematch against former President Donald Trump.
White House officials have met with groups opposing the menthol ban, including civil rights advocates, business owners, and law enforcement officials. Some suggested that a rule targeting menthols could reduce Biden’s support among Black voters. Most groups opposing the ban receive financial support from tobacco companies.
In the past few months, supporters of the plan have tried to reassure the White House that banning menthol will not harm Biden’s chances of being re-elected.
“If Black lives truly matter, then we must end the sale of menthol cigarettes and do it now,” said Dr. Carol McGruder, of the African American Tobacco Control Leadership, in a statement. McGruder’s group is among those suing the FDA and its parent agency, the Department of Health and Human Services.
A lawsuit filed by the same groups in 2020 pushed the FDA to take action on menthol, alleging that the agency had unreasonably delayed addressing the flavor.
Menthol is the only cigarette flavor that was not prohibited under the 2009 law that gave the FDA authority over tobacco products, this exception was negotiated by industry lobbyists. The act did, however, instruct the agency to continue to consider banning menthol.
The persistence of the menthol flavor has angered anti-smoking advocates, who point to research showing that menthol’s numbing effect hides the harshness of smoking, making it easier to start and harder to quit.
More than 11% of adults in the United States smoke, with rates about equal between white and Black populations. Approximately 80% of Black smokers — and most teenagers who smoke — use menthol.
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AP Writer Zeke Miller contributed to this story
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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.
