The Food and Drug Administration (FDA) has withdrawn a rule that would have banned menthol cigarettes and flavored cigars, putting a formal end to a policy that had been indefinitely delayed under the Biden administration.
A regulatory filing showed the rule had been “withdrawn” on Jan. 21, President Trump’s second day in office. The move is a significant blow to public health groups who said banning menthol had the potential to save hundreds of thousands of lives, particularly among Black smokers.
“There is no justifiable reason to withdraw the FDA’s proposed rule to ban menthol,” said Kelsey Romeo-Stuppy, managing attorney at Action on Smoking and Health. “Tobacco industry profits should never be prioritized over American lives, but unfortunately, that’s what has happened with the FDA withdrawing the proposed rule to ban menthol in tobacco products.”
The FDA declined to comment, pointing to a newly-ordered temporary ban on public communication.
A menthol ban had been more than a decade in the making across multiple administrations, but it was held up at almost every turn. The FDA finally proposed one in 2022, but the target date for a final rule was continually delayed.
The Biden administration was on the cusp of releasing a final rule last spring, but it pushed back its plans indefinitely ahead of the November election amid fierce pressure from tobacco companies and some civil rights leaders who warned of a backlash among Black voters.
Former Health and Human Services Secretary Xavier Becerra said at the time the rule “garnered historic attention … including from various elements of the civil rights and criminal justice movement.”
The delay came after the Office of Management and Budget held dozens of meetings with stakeholders, including tobacco industry lobbyists, public health advocates, industry-adjacent organizations and civil rights groups.
The tobacco industry has long been accused of targeting the Black community, especially with menthol products. An estimated 85 percent of Black smokers use menthol cigarettes, according to federal statistics.
Following the official withdrawal of the rule, public health and anti-tobacco advocates lamented what they said was a missed opportunity.
“It is deeply disappointing that a final rule was not issued in a timely manner. We will continue to build support for eliminating menthol cigarettes nationwide,” said Yolanda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, in a statement. “In the meantime, it is more critical than ever that states and cities step up their efforts to end the sale of menthol cigarettes and other flavored tobacco products.”
