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ACLU-Led Coalition Warns Biden Administration Against Menthol Ban, Citing Racial Justice Implications

Such a ban would “have serious racial justice implications” and would “trigger criminal penalties, which will disproportionately impact people of color, as well as prioritize criminalization over public health and harm reduction,” the coalition wrote in a letter this week to Health Secretary Xavier Becerra and acting Food and Drug Administration Commissioner Janet Woodcock. “A ban will also lead to unconstitutional policing and other negative interactions with local law enforcement,” they added. The White House, the Department of Health, and the Food and Drug Administration (FDA) did not respond to requests for comment. Groups including the African American Tobacco Control Leadership Council and the American Academy of Pediatrics in the petition asked the FDA to “remove menthol cigarettes from the market.”

What Could Go Wrong? Menthol Cigarette Ban Up Next on the Biden Equity Agenda

(AP Photo/Dieu Nalio Chery) President Joe Biden continues his administration’s goal of seeking equity for Blacks by banning menthol tobacco products. In 2014, the American Journal of Health [Cheyne, Andrew, et. al, July 2014 American Public Health Association] noted that while the 2009 Family Smoking Prevention and Tobacco Control Act (signed by then-President Obama) brought greater regulation on tobacco products, it excluded a ban on mentholated products. In 2009, the Family Smoking Prevention and Tobacco Control Act (FSPTCA)11 authorized the Food and Drug Administration (FDA) to regulate tobacco products.12,13 The law also established the Center for Tobacco Products, and Tobacco Products Scientific Advisory Committee (TPSAC). Though hailed by some commentators as an important tobacco control opportunity,14 the legislation controversially excluded menthol from an immediate ban on flavoring additives in cigarettes.15 As a concession for the exemption, TPSAC’s first order wa

Report: Biden Administration Plans Ban on Menthol Cigarettes, Flavored Mass Market Cigars – halfwheel

Regardless of whatever the proposed ban might include, it’s unlikely to take effect anytime soon. First, the process for banning menthol cigarettes is one that will likely require some time for FDA itself to develop. It will then have to ask for public comment on the matter, respond to those comments, and then announce a finalized rule. The Family Smoking Prevention and Tobacco Control Act, the law that gave FDA authority to regulate other tobacco products like cigars, banned all flavored cigarettes except menthol, which was exempted in order to secure the votes needed to pass the law. At the same time, it seems likely that many of the world’s largest tobacco companies will file lawsuits. Last week, when a report indicated that the Biden administration was considering placing a low limit on the amount of nicotine in cigarettes, Altria lost more than $11 billion in market cap. As part of the response to the citizen petition, the Biden administration must also respond to a reques

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