The Biden administration abruptly announced Friday that it would postpone regulations banning menthol cigarettes amid widespread opposition to the proposal.
Health and Human Services (HHS) Secretary Xavier Becerra said in a statement that the department would not move to finalize the regulations, citing opposition from civil rights activists. Since they were first proposed by HHS, food and drug administration According to the FDA, this regulation has sparked a controversial debate between health advocates and civil liberties and business groups.
“This rule has received historic attention, and we received a tremendous amount of feedback during the public comment period, including from various elements of the civil rights and criminal justice movements,” Becerra said in a statement. “It’s clear that there are still talks to be had and that will take more time.”
Started 2 years ago
The announcement comes just two years after the FDA first proposed the regulation, paving the way for a historic ban on menthol cigarettes, and announcing that the administration is making significant changes to President Biden’s cancer moonshot plan. ” said it would be a part. The FDA argued at the time that the ban would broadly “reduce the appeal of cigarettes” and have significant health implications.
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The Department of Health and Human Services previously said a ban on menthol cigarettes would be a “key” part of President Biden’s cancer moonshot plan. (Getty Images)
The FDA ultimately handed the regulations over to the White House Office of Management and Budget (OMB) for final approval several months ago after a lengthy public comment period. But officials dragged their feet in pushing through the regulations, repeatedly breaking self-imposed deadlines to finalize them, raising concerns among health activists that the government could reverse course. It increased.
“Unfortunately, the chances that this administration will make these rules a reality are shrinking over time, and ACS CAN calls on the administration to seize the opportunity to make historic gains in the fight against cancer. “The American Cancer Society said. Action Network CEO Karen Knudsen said in a statement Friday ahead of Becerra’s announcement.
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‘Top priority’
OMB declined to comment and directed FOX News Digital to quote Becerra’s statement.
Additionally, an FDA spokesperson said the agency continues to work on issuing tobacco product standards for menthol in cigarettes and characterizing cigar flavors.
“As we have made clear, these product standards remain our top priority,” the spokesperson said.

Health and Human Services Secretary Xavier Becerra testifies before the Senate Finance Committee (March 22, 2023). (Kevin Dietsch/Getty Images)
During the public comment period, groups representing convenience stores, law enforcement, consumers, and minority groups argued that a ban on menthol cigarettes could encourage an illegal market for the products, while at the same time raising concerns about menthol cigarettes, which are the largest consumers of the products. He warned the government that small business owners and minorities could be punished. .
groups representing minorities such as the National Black Law Enforcement Organization and the nonprofit National Action Network; The latter was founded by black law enforcers who were leaders of the civil rights movement. Pastor Al Sharpton — argued that banning menthol cigarettes without restricting non-menthol cigarettes would “put scrutiny on minority communities.”
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meeting at the white house
White House records show that the National Organization of Black Law Enforcement, National Action Network, National Newspaper Publishers Association and civil rights attorney Benjamin Crump spoke to Becerra, FDA Commissioner Robert Califf and White House Domestic Policy Counsel Neera Tanden in November. We met with them and discussed the proposal. .
The White House also convened a meeting with other stakeholders, including the American Cancer Society Cancer Action Network, the American Lung Association, and the National Association of Convenience Stores (NACS).

The Rev. Al Sharpton’s National Action Network has emerged as a leading opponent of the Biden administration’s menthol cigarette ban. (Erica Goldring/Getty Images, ESSENCE)
“USHBC commends President Biden’s leadership in delaying the menthol ban, recognizing the unforeseen impact it would have had on convenience store sales and the livelihoods of more than 600,000 employees across the country. ” said Javier Palomares, President and CEO of the U.S. Hispanic Business Council. he told Fox News Digital in a statement.
Palomares added, “Implementing the ban would not only have been ineffective, but it would also have risked unfairly criminalizing people of color, the very communities where menthol cigarettes are consumed.” “We are pleased that the President has heard our concerns and will offer ourselves as a resource to develop a comprehensive approach to public health.”
dollars and cents
According to NACS, the rule would reduce non-tobacco miscellaneous goods sales by $72,285 per year and tobacco product sales by $160,107 per year. Representative convenience stores nationwide. The group estimated that the convenience store industry could have lost a total of $2.16 billion in sales as a result of the restrictions.
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Additionally, the government watchdog group Protect the Publics Trust (PPT) said the administration’s actions on Friday confirm the concerns it expressed when it sued HHS last week for withholding documents related to the regulation. He said there is.
“This announcement appears to confirm the basis of a lawsuit from several weeks ago regarding the proposed ban on menthol cigarettes. It is not a good view for public health officials to follow public opinion polls rather than science. ‘is at an all-time low,’ said PPT Director Michael Chamberlain. “This only increases the need for transparency into what is actually driving decisions at FDA.”
