WASHINGTON — Groups against smoking took legal action against the U.S. government on Tuesday over the long-awaited ban on menthol cigarettes, which has been waiting for approval at the White House for months.
The lawsuit is the latest attempt to push the government to ban menthol cigarettes, which are used more by Black smokers and young people. Advocates are worried that election-year politics could derail the federal plan, and this lawsuit reflects those concerns.
During President Joe Biden's leadership, health officials aimed to publish the rule to get rid of the minty flavor last August. However, White House officials announced late last year that they needed until March to review the rule. After the March deadline passed, three nonprofit groups, including Action on Smoking and Health, filed a lawsuit against the government in a federal court in California.
The groups argue in their complaint that because the defendants didn't take action, tobacco companies continued to use menthol cigarettes to target young people, women, and the Black community, which is harmful to public health.
A spokesperson for the White House was not able to comment immediately on the lawsuit when contacted on Tuesday.
The Food and Drug Administration has spent years developing the plan to eliminate menthol, estimating that it could prevent 300,000 to 650,000 smoking-related deaths over several decades, with most of these preventable deaths being among Black Americans.
As with all major federal regulations, the plan needs final approval from the White House.
Previous FDA efforts to address menthol cigarettes have been stopped by pushback from the tobacco industry or competing political priorities across multiple administrations. The latest delay comes as Democrats express concerns about Biden's chances of winning against former President Donald Trump in a rematch.
White House officials have had numerous meetings with groups that are against the menthol ban, including civil rights advocates, business owners, and law enforcement officials. Some have suggested that a rule targeting menthol cigarettes could decrease Biden's support among Black voters. In almost all cases, groups opposed to the ban receive financial support from tobacco companies.
In recent months, supporters of the plan have tried to assure the White House that banning menthol will not harm Biden's chances of being re-elected.
Dr. Carol McGruder, of the African American Tobacco Control Leadership, stated, "If Black lives truly matter, then we must end the sale of menthol cigarettes and do it now." McGruder's group is among those suing the FDA and the Department of Health and Human Services.
A 2020 lawsuit by the same groups prompted the FDA to start working on menthol, alleging that the agency had unreasonably delayed taking action against the flavor.
Menthol is the only cigarette flavor that was not banned under the 2009 law giving the FDA authority over tobacco products, due to an exemption negotiated by industry lobbyists. However, the law did instruct the agency to continue evaluating whether to ban menthol.
Anti-smoking advocates are frustrated by the persistence of menthol, citing research showing that its numbing effect covers up the harshness of smoking, making it easier to start and harder to quit.
Over 11% of American grown-ups smoke, with similar rates between white and Black people. Around 80% of Black smokers — and the majority of young people who smoke — prefer menthol.
