Trump Administration Withdraws Plan to Ban Menthol Cigarettes, Leaving Health Advocates Frustrated

Big blow to health activists and anti tobacco crusaders as Trump administration withdraws the proposed ban on the production and sale of flavoured cigarettes including Menthol.

The Trump administration has now formally moved to pull back the proposal to prohibit use of menthol cigarettes and flavoured cigars in the United States, a serious blow for health authorities and campaigners. Stakeholders in public health were left disappointed by the decision announced by the Office of Information and Regulatory Affairs (OIRA) on the 21 st of January 2024 and the decision has reopened a can of worms on the regulation of tobacco products in the country.

The decision puts a stop to a process that had been that had been expected by many including Food and Drug Administration (FDA) The first time the FDA suggested a ban was in April 2022. The move was welcomed by public health campaigners who deemed it an important measure aimed at reducing the health dangers associated with menthol products which apart from being highly addictive are rated to have a more adverse impact on theBlack community.

The Push to Ban Menthol Cigarettes

The primary low risky product with approximately one-third of the market share in the United States is a Menthol cigarettes. Menthol is a minty flavoring substance that softens the impact of cigarette smoke and convinces new smokers – especially young people – to start smoking without reluctance. Acting for the Campaign for Tobacco-Free Kids organization, it is a common consideration of the health advocacy groups stating that the products containing menthol are a primary reason for the teenage and youth consuming tobacco products and thus fueling lifetime addiction.

It has been in April 2022 that the FDA put forward the rule to remove menthol-flavored cigarettes and all flavored cigars from the market. This move was backed up by studies showing that smokes containing menthol raise the smoking rate amongst Blacks, and there has been heavy marketing towards Blacks by the companies. Hence, the highly profilactic quality of Menthol, which also includes giving its customers ‘the hit they need’, in conjunction with advertising, has taken its toll on the health of ethnic minorities; Black’s people are more likely to suffer from smoking-related diseases.

Yolonda Richardson, CEO of the Campaign for Tobacco-Free Kids, expressed dismay over the withdrawal of the ban:
As with most things, it is not inspiring to think that a final rule was not disseminated in a timely manner.” This move just underscores the urgent need for states and cities to act to rid the nation of menthol cigarettes and other flavoured tobacco products.

Delays and Opposition to the Ban

However, after the start, the proposal has many challenges in the course of the ratification of the regulation. The FDA also released its final menthol ban proposal to the OMB for approval in October 2023. However, the Biden administration failed to issue a final rule early this year because of new consultations with stakeholder communities.

The White House met with dozens of organisations that argued against the ban, including business owners, law enforcement personnel and even civil rights activists. People also whispered negative economic and societal implications of the ban into the roof.

Of the main arguments put forward by the opponents the increased development of the illicit market was named most often. In a statement, Reynolds American, the U.S. subsidiary of British American Tobacco, claimed:
“A menthol ban would create yet another broad illicit market for uncontrolled and potentially more risky products in the U.S. as it has observed with disposable vapor product market which the FDA is still unable to regulate.”

More so, firms like Altria and British American Tobacco, which largely benefit from the revenue generated from menthol cigarette production, have strongly and consistently protested against any ban. A ban, according to them, will reduce billion of dollars in annual revenue for the industry and encourage the use of prohibited substances.

Health Advocacy Groups React

Health advisory groups view the withdrawal of the menthol ban as a lost chance to save lives and particularly affect systemic health inequities. Researchers found that the use of many menthol products increases the chances of dependent on tobacco products and diseases such as lung cancer, heart diseases and chronic obstructive pulmonary disease (COPD).

Also, the selective legalization initiated with the marketing of menthol cigarettes to Black lives further contributed to health disparities. The CDC has found that 85% of the Black smokers in the United States use the mint-flavored or menthol cigarettes and 30% of the white smokers. Opponents proclaimed that such a measure would callously deprive the target demographic of the ability to choose not to smoke by denying them menthol products in 2022 in particular, if not for the generations of Blacks who are yet to be coerced into unnatural relations with nicotine addiction in the future.

Yolonda Richardson and other health leaders have urged a shift to individual state action and have pressured local governments to pass their own bans on menthol products. For example, San Francisco and New York City have already tested flavored tobacco bans .

Economic and Political Considerations

The lifting of the ban of menthol flavoured cigarettes also raises questions about the constant battle between the public and economic health goals. Tobacco industry is thus one of the most well-endowed lobby groups with economic interests anchored on status quo. But even individual menthol cigarettes account for a huge share of the $80 billion tobacco market in the United States, which is why these cigarettes are so hotly debated.

The above economic argument has appealed to some policy makers because they think that ban on menthol may have adverse impacts lik e loss of jobs in the tobacco industry, reduction in tax receipts and more pressure on the police as a result of increased bootlegging. These concerns, together with the political issues of governing tobacco have previously triggered a similar proposal in the past.

The pending of the ban by White House has also elicited condemnation from health activists who feel that politics were put before health concerns. The deadline to complete the rule and be effective in December 2023 and March 2024 were not met and instead, the administration continues to show uncertainty in its actions.

What’s Next for Menthol Regulation?

Although the federal move to ban menthol cigarettes has been set aside for now; the campaign goes on. Of course, health advocates may turn to state and local governments to have these rules established there. At this time, nine states have already prohibited the sale of flavored tobacco products including California, Massachusetts and several other states have outlawed menthol cigarettes as well as flavored cigars.

Otherwise, the researchers point out that inequalities associated with the use of the substance will continue since the relevant policy remains a federal matter. They also focus on second and third tier policy approaches like who funds anti-tobacco campaigns, where people can access smoking-cessation services, and more on the risks of flavoured tobacco.

For its part, FDA has not closed the door on reconsideration of the menthol ban in the future. Nonetheless, with the agency at present in a temporary state of no active public statements because of leadership change, it is uncertain when the agency will bring back the topic as a priority.

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