Menthol cigarette ban in the US? Here's the latest on the proposed FDA rule

WASHINGTON - Health regulators are considering banning menthol cigarettes in the U.S., a long-awaited plan that advocates say could save hundreds of thousands of lives but faced an unexpected delay last year. 

The U.S. Food and Drug Administration has spent years developing a plan to eliminate menthol, estimating it could prevent 300,000 to 650,000 smoking deaths over several decades. Most of those preventable deaths would be among Black Americans, who disproportionately smoke menthols.

But in December, White House officials indicated that they would take more time to review the sweeping plan – targeting March to implement the rule amid both public health and political pressures. Previously, the rule was widely expected to be published in late 2023 or early January.

Anti-tobacco groups fear the further delay could scuttle the long-awaited rule.

Here’s what to know about the proposed menthol cigarette ban:

Menthol cigarettes and previous FDA efforts to ban them

Menthol’s cooling effect has been shown to mask the throat harshness of smoking, making it easier to start and harder to quit smoking. 

It accounts for more than a third of cigarettes sold in the U.S, according to the Federal Trade Commission, and the mint flavor is overwhelmingly favored by Black smokers and young people. An estimated 85% of Black smokers buy menthols.

In this photo illustration, menthol cigarettes sit on a table on April 28, 2022, in Los Angeles, California. (Photo by Mario Tama/Getty Images)

Menthol is the only cigarette flavor that was not prohibited under the 2009 law that gave the FDA authority over tobacco products, an exemption negotiated by industry lobbyists. 

The act did, though, instruct the agency to continue to weigh a ban.

The FDA has attempted several times to get rid of menthol but has faced pushback from the tobacco industry, members of Congress and competing political interests under both Democratic and Republican administrations.

White House faces public health, political pressures as key date approaches

After more than a decade of study, the FDA proposed regulations to ban menthol in 2022, as well as flavored cigars.  

FDA officials sent their final version of the regulation to the White House’s Office of Management and Budget in October, typically the last step before a rule is released.

But in December, the Biden administration delayed issuing the final rule. It agreed to hold dozens of meetings – including with groups opposing the rule – such as civil rights advocates, business owners and law enforcement officials. In many cases, the groups opposing the ban have received donations from tobacco companies, according to the Associated Press. 

The FDA’s enforcement of the rule would only apply to companies that make or sell cigarettes, not to individual smokers. Cigarette companies would have one year to phase out menthol under the rule. 

But after the latest delay, anti-smoking groups warned that the proposal could be held up indefinitely.

"Any delay in finalizing the FDA’s menthol rule would be a gift to the tobacco industry at the expense of Black lives," Yolanda Richardson, CEO of the Campaign for Tobacco-Free Kids, said in December 2023, urging the administration "to keep its promise" and issue a final rule by the end of last year.

The delay comes amid lingering worries from some Democrats about President Joe Biden’s prospects in a 2024 rematch against former President Donald Trump, who currently holds a tight grip on the 2024 Republican presidential nomination.

The White House is now wrestling with dueling pressure from public health advocates and political advisers. 

Supporters of the ban say it could save hundreds of thousands of American lives in the coming decades. Meanwhile, advisers warn that Biden could lose crucial support in the upcoming election from Black voters by banning menthol, according to the Washington Post, citing six administration officials who spoke on the condition of anonymity. 

The FDA has said it needs a year for full implementation of the rule. As a result, the Biden administration is now facing an internal deadline of Jan. 20 to finalize the rule to ensure that it takes full effect ahead of Inauguration Day 2025, both the Washington Post and CNN reported. 

Majority support banning sales of tobacco products, CDC survey says

Banning the sale of menthol cigarettes in the U.S. appears to have majority support among Americans. 

A survey published in early 2023 by the U.S. Centers for Disease Control and Prevention found that 62.3% of U.S. adults said they supported a policy prohibiting the sale of menthol cigarettes, and 57.3% supported a policy banning the sale of all tobacco products.

The results of a survey, which included 6,455 U.S. adults polled between late March to mid-April of 2021, were published in the journal Preventing Chronic Disease. The survey was conducted prior to the FDA proposal to ban menthol cigarettes and flavored cigars.

In the survey, no significant racial and ethnic group differences were found regarding support of a policy to ban menthol cigarette sales, "highlighting broad support among all respondents," the CDC researchers said.

This story was reported from Cincinnati. The Associated Press contributed.