The Biden administration said on Friday that its plan to ban menthol cigarettes would be delayed, a decision that follows pushback from black voters, police groups, and drug policy experts ahead of the 2024 election.
“This rule has garnered historic attention, and the public comment period has yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement,” Department of Health and Human Services Secretary Xavier Becerra said in a statement on Friday.
Becerra said a final decision on the ban “will take significantly more time” following further conversations with stakeholders in the debate.
The update from HHS followed reports the administration is expected to announce a further delay in its decision on whether to impose a ban.
The Biden administration began pursuing a ban on menthol cigarettes in 2021, with policy goals of reducing youth initiation, increasing the success of smoking cessation, and addressing racial equity concerns in health outcomes.
Menthol cigarettes account for over a third of all cigarettes sold in the United States and are disproportionately used by black and Hispanic smokers. As of 2019, 85% of black smokers and 48% of Latino smokers preferred menthol.
The Food and Drug Administration was anticipated to announce a decision regarding the menthol ban last year, following a self-imposed deadline of August 2023. The FDA did not provide comment when it missed the deadline.
Some black activists have been vocal opponents of the rule, saying the ban would expand the illicit market for cigarettes.
Gwen Carr, an activist and the mother of Eric Garner, has been a vocal advocate against the menthol ban, calling it a “racist thing” that targets smokers of color.Â
Garner was killed in Staten Island, New York, in 2014 after police officers attempted to stop him from selling single cigarettes on the black market. Enforcement of illicit cigarettes in New York City became more prominent following punitive taxes on the products placed by then-Mayor Michael Bloomberg.
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Earlier this month, polling data suggested that 30% of black men in seven swing states are more inclined to support former President Donald Trump in the November general election, up from the 12% he received from this demographic in 2020. The same poll indicated that 42% of black women were still undecided in their 2024 election choice.
Becerra said the Biden administration is still working through public feedback to evaluate its next moves.
