The Food and Drug Administration (FDA) has rescinded a rule banning menthol cigarettes and flavored cigars, officially ending a policy that had been delayed indefinitely under the Biden administration.
A regulatory filing showed the rule was “rescinded” on January 21, President Trump’s second day in office. The move is a major blow to public health groups, which have said banning menthol could save hundreds of thousands of lives, especially among Black smokers.
“There is no good reason to rescind the FDA's proposed rule to ban menthol,” said Kelsey Romeo Stappy, managing attorney at Smoking and Health Action. It happened as the FDA rescinded a proposed rule to ban menthol in tobacco products. ”
The FDA declined to comment, pointing to a newly ordered temporary public communications ban.
The ban on menthol took more than a decade, spanning multiple administrations, but was postponed at nearly every turn. FDA ultimately proposed one in 2022, but the target date for the final rule was continually delayed.
The Biden administration was on the cusp of releasing the final rule last spring, ahead of the November election, amid intense pressure from tobacco companies and civil rights leaders who warned of a backlash among Black voters. pushed back that plan indefinitely.
Former Health and Human Services Secretary Xavier Betella said at the time that the rule “gained historic attention…containing various elements of the civil rights and criminal justice movements.”
The delay came after the Office of Management and Budget held dozens of meetings with stakeholders, including tobacco industry lobbyists, public health advocates, industry-adjacent organizations and civil rights groups.
The tobacco industry has long been accused of targeting Black communities, particularly with menthol products. According to federal statistics, an estimated 85% of black smokers use menthol cigarettes.
Following the rule's official withdrawal, public health and anti-tobacco advocates lamented what they said was a missed opportunity.
“We are extremely disappointed that the final rule was not issued in a timely manner. We will continue to support efforts to eliminate menthol cigarettes across the country,” said President and CEO of the Campaign for Tobacco-Free Kids. Yolanda Richardson said in a statement. “In the meantime, it is more important than ever that states and cities step up their efforts to end the sale of menthol cigarettes and other flavored tobacco products.”
