Trump admin’s FDA withdraws proposed federal rule to ban menthol cigarettes

The Trump administration’s Food and Drug Administration (FDA) formally withdrew a proposed rule seeking to ban menthol cigarettes, after the Biden administration said it intended to make the ban become a reality after years of advocacy from anti-smoking groups.

Efforts to ban menthol cigarettes have been ongoing for multiple administrations, but, in April 2021, the Biden administration’s FDA announced plans to finalize the rule. The move was met with praise from anti-smoking advocates, such as the Truth Initiative, which argue that menthol in cigarettes makes them more addictive and disproportionately impacts minority communities.

The Biden administration subsequently delayed implementation of the rule out of concern that more time was needed to consider public comments and concerns.

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But a regulatory filing from President Donald Trump’s Office of Management and Budget, which oversees the federal rulemaking process, slashed any hopes that the ban might come back any time soon. According to the filing, Trump moved to rescind the proposed rule during his first day in office.

When reached for comment, the FDA cited an ongoing communications freeze imposed on all Health and Human Services Department sub-agencies.

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“It is deeply disappointing that the FDA’s rule to prohibit menthol cigarettes was not finalized in a timely manner and has now been withdrawn,” the Campaign for Tobacco-Free Kids said in a statement. “We strongly support eliminating menthol cigarettes to end the tobacco industry’s decades-long, predatory marketing of these deadly products to kids, Black Americans and other communities.”

The campaign said it will remain committed to building support to eliminate menthol cigarettes nationwide, noting “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.”

Those challenging a menthol cigarette ban, meanwhile, argue the move could create a massive black market for cigarettes. People against the ban also fear the impact it could have on policing in minority communities.

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“Remember Eric Garner? New York City’s exorbitant taxes on cigarette packages generated an underground market in untaxed individual cigarettes, called ‘loosies.’ In 2014, police infamously encountered 43-​year-​old Eric Garner selling loosies on a street corner, and a policeman’s chokehold led to his death as he repeated ‘I can’t breathe.’ And this happened without a menthol ban,” Jeffrey Singer, a senior fellow at the Cato Institute’s Department of Health Studies, wrote after the Biden administration moved to finalize the ban. 

“With menthol cigarettes more prevalent among Black and Hispanic Americans, expect police to focus their attention on minority communities. This might make inequities in criminal justice even worse.”

While Trump signaled he is against banning menthol cigarettes, the president did act during his first term to ban most flavored e-cigarette pods used in disposable nicotine vapes. However, while the ban prohibited future sales of sweet- and fruit-flavored nicotine cartridges, it permitted continued sales of pods that are either menthol or tobacco flavored.

Fox News Digital reached out to the White House for comment but did not receive a response by publication time.