Trump admin withdraws proposed federal ban on menthol cigarettes

The Trump administration’s Food and Drug Administration (FDA) recently made headlines by formally withdrawing a proposed rule that sought to ban menthol cigarettes. This move came after the Biden administration expressed its intention to push forward with the ban, following years of advocacy from anti-smoking groups.

Efforts to ban menthol cigarettes have been ongoing for multiple administrations, with the Biden administration announcing plans to finalize the rule in April 2021. This decision was met with praise from anti-smoking advocates, who argue that menthol in cigarettes makes them more addictive and disproportionately impacts minority communities. However, the Biden administration later delayed the implementation of the rule to allow for more time to consider public comments and concerns.

Unfortunately, a regulatory filing from President Trump’s Office of Management and Budget revealed that the proposed rule had been rescinded during his first day in office. This decision dashed hopes that the ban would be reinstated anytime soon. The FDA, when reached for comment, cited an ongoing communications freeze imposed on all Health and Human Services Department sub-agencies.

The Campaign for Tobacco-Free Kids expressed deep disappointment at the withdrawal of the proposed rule, emphasizing the importance of eliminating menthol cigarettes to stop the tobacco industry’s predatory marketing of these products to vulnerable populations. The campaign vowed to continue its efforts to eliminate menthol cigarettes nationwide and urged states and cities to step up their own initiatives to end the sale of flavored tobacco products.

Critics of a menthol cigarette ban argue that it could lead to a significant black market for cigarettes and raise concerns about the impact on policing in minority communities. Jeffrey Singer, a senior fellow at the Cato Institute, highlighted the potential for increased police attention on minority communities where menthol cigarettes are more prevalent, potentially exacerbating existing disparities in criminal justice.

While President Trump opposed banning menthol cigarettes, he did take action during his first term to ban most flavored e-cigarette pods used in disposable nicotine vapes. This ban prohibited the future sale of sweet- and fruit-flavored nicotine cartridges but allowed for the continued sale of menthol or tobacco-flavored pods.

In conclusion, the debate over the ban on menthol cigarettes continues to be a contentious issue, with advocates and critics presenting valid arguments on both sides. It remains to be seen how the Biden administration will proceed with this initiative and what impact it will have on public health and minority communities.