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Biden White House close to finalizing menthol cigarette regulations despite broad opposition

The Biden administration is preparing to soon finalize long-awaited standards for menthol cigarettes, despite fierce opposition from small businesses, civil rights movements, law enforcement, and free-market consumer groups. .

The rule, which would broadly ban the product, was first proposed by the Food and Drug Administration two years ago and sparked a contentious debate among health advocates, civil rights groups and business groups. The FDA has repeatedly missed target dates for finalizing proposed bans, the most recent being earlier this week.

“FDA remains committed to issuing tobacco product standards for menthol in cigarettes and evaluating cigar flavors as quickly as possible, and these regulations have been submitted to the U.S. Food and Drug Administration. [Office of Management and Budget] “As we have made clear, these product standards remain our top priority,” an FDA spokesperson told FOX News Digital.

The spokesperson said the agency, which handed over the regulations to the White House Office of Management and Budget for final approval several months ago, is restricted from further discussing the process because the proposal is still pending. Ta. White House press secretary Kelly Scully also declined to comment, noting that the rulemaking process is ongoing.

Biden administration faces scrutiny from Congress over proposed ban on menthol cigarettes

The Food and Drug Administration initially announced a rule banning menthol cigarettes and flavored cigars in April 2022 to “prevent children from becoming the next generation of smokers” and “help adult smokers quit smoking.” proposed. (Getty Images)

But continued delays in finalizing the Biden administration’s regulations have raised concerns among supporters of the menthol cigarette ban, many of which were enshrined in President Biden’s “Cancer Moonshot” initiative. They argue that such measures are essential to achieving their goals. The administration had originally expected to complete the ban in August 2023, making the delay more than seven months.

Karen Knudsen, CEO of the American Cancer Society and its affiliate Cancer Action Network, said: “This continued inaction is a huge threat to the tobacco industry, which has repeatedly shown its willingness to profit from its deadly products.” It’s a shocking tribute.”

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Opponents of the ban expressed optimism that their arguments could resonate with White House officials and prompt them to reconsider the ban. Groups representing convenience stores, law enforcement, consumers and minority groups say a ban on menthol cigarettes could foster a black market while penalizing the product’s biggest consumers: small business owners and minorities. he warned.

According to the OMB filing, the White House and FDA have engaged in rapid succession on the proposal with a wide range of stakeholders, including supporters such as the American Cancer Society’s Cancer Action Network and the American Lung Association, and opponents such as the American Lung Association. A meeting was called. National Association of Convenience Stores (NACS), National Black Law Enforcement Organization, and National Action Network.

Smoke a cigarette

According to the FDA, smoking remains the leading cause of preventable death in the United States. But opponents of banning menthol cigarettes say it would create a black market and disproportionately harm small businesses and minorities. (St. Petersburg)

“The proposed ban would have the exact opposite effect of what its proponents have advocated,” NACS said in a statement to FOX News Digital. “We hope that FDA will reconsider its policy in light of the evidence that this type of ban simply does not work.”

Javier Palomares, president and CEO of the U.S. Hispanic Business Council, said, “While the proposed ban is well-intentioned, it would cut 30% of sales and the livelihoods of more than 600,000 employees. “This could have had a far-reaching economic impact on convenience stores.” (USHBC).

Biden administration’s proposed menthol cigarette ban could be held accountable in 2024: ‘Unintended consequences’

NACS, USHBC and other opponents of regulation point to data from states that have banned menthol cigarettes and argue that such policies are ineffective.

According to NACS, the rule would reduce sales of non-tobacco miscellaneous goods by $72,285 per year and sales of tobacco products by $160,107 per year at regular convenience stores nationwide. The group claims the convenience store industry could lose a total of $2.16 billion in sales due to the new regulations.

FDA Commissioner Dr. Robert Califf testifies during a Senate Health, Education, Labor, and Pensions Committee hearing on September 14, 2022, at the Capitol in Washington, DC.

FDA Commissioner Robert Califf will testify at a Senate Health, Education, Labor, and Pensions Committee hearing in September 2022. (Drew Angerer/Getty Images)

Groups representing minorities, such as the National Black Law Enforcement Organization and the nonprofit National Action Network (the latter founded by civil rights leader Rev. Al Sharpton), do not recommend restricting non-menthol cigarettes. It argues that there is a “difficult situation” to ban menthol cigarettes. Minority community. ” They argue that this may increase the likelihood of negative interactions between police and minorities.

The National Organization for Black Law Enforcement, the National Action Network, the National Newspaper Publishers Association, and civil rights attorney Benjamin Crump met with Health and Human Services Secretary Xavier Becerra, FDA Commissioner Robert Califf, and Domestic Policy Advisor Neera Tanden in November. We discussed this proposal.

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of FDA first issues product standards In April 2022, menthol will be banned as a signature flavor in cigarettes, and all signature flavors other than tobacco will be banned in cigars. The agency said the measure would reduce illness and death from tobacco product use by reducing experimentation and addiction among young people and increasing the number of smokers. I might quit it.

According to the FDA, smoking remains the leading cause of preventable death in the United States. In proposing this rule, FDA cited Congress’ authority to adopt standards for tobacco products.

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