Health Official Fears Biden Abandoning Menthol Cigarettes Ban

A top Biden administration health official in the Biden administration is afraid President Joe Biden will not follow through with banning menthol cigarettes in favor of the Black vote.

Robert Califf, the commissioner of the Food and Drug Administration, is urging allies to lobby the White House to ban the cigarettes, Politico reported.

Califf has asked friends and public health experts to pressure White House contacts over the status of the long-delayed policy, two people familiar with the outreach told Politico.

He is concerned the product’s popularity with Black voters would affect Biden’s support for the ban. A lack of support from Black voters could harm Biden’s re-election bid, Politico reported.

Califf’s encouragement of outside pressure on the administration represents an unconventional policymaking tactic, Politico pointed out. It also illustrates the lengths that the FDA chief has gone in pursuit of a policy he considers a priority.

“Fundamentally, these bold actions are about saving hundreds of thousands of lives each year,” Califf said in 2022 , when the FDA first proposed the ban. “Prohibiting menthol in cigarettes would mean over 18.5 million menthol cigarette smokers ages 12 and older in the United States would have a better shot at quitting.”

The FDA submitted its policy banning menthol for approval last October. However, White House has not given it the green light. The reason behind this is a possible pushback from influential Black allies who warn outlawing the product would fuel an underground market, worsen overpolicing in minority communities and hurt Biden’s standing among Black voters.

Advocates inside and outside the administration are fearful that political forces will override the urgency for the ban and prompt Biden to hold off acting on until after the November election.

“We’re now in a political season, and it’s only going to get tougher for them to do it,” said Yolonda Richardson, CEO of Campaign for Tobacco-Free Kids. “All the delays are to the benefit of the tobacco industry. That’s just more time they have to keep them on the street, that much more time to addict kids.”

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Califf has raised the issue inside the White House in recent months. He has asked senior officials at the White House and the Health and Human Services Department to help advocate for the ban, the two familiar with the effort said. He openly worries the regulations face an increasingly uphill battle.

A decision is now in the hands of Biden and his top advisers.

“Everybody’s done what they could do,” said a senior administration official who, was granted anonymity to discuss private conversations, Politico said.

The White House declined to comment since there is a policy against discussing rules before they’re finalized.

FDA spokesperson Michael Felberbaum said the agency is similarly limited but called the new product standards for menthol cigarettes “at the top of our priorities.”

“The FDA remains committed to issuing the tobacco product standards for menthol in cigarettes and characterizing flavors in cigars as expeditiously as possible,” Felberbaum said.

Menthols are the last remaining flavored cigarette allowed on the market and is favored by Black smokers, according to the Centers for Disease Control and Prevention .

The cigarettes’ popularity in the Black community has underpinned a fight for the ban waged by public health groups for over a decade.

Anti-smoking advocates have accused the tobacco industry of marketing menthol cigarettes to Black consumers. They also allege menthol’s minty flavor conceals the harsher taste of tobacco and makes it easier for people to get addicted at younger ages.

The prospect of a federal ban has received pushback from some influential figures in the Black community. The Rev. Al Sharpton, a close Biden ally, has argued against the proposal over concerns it would give police another reason to target Black people.