Lawsuit Filed Against FDA for Significant Delay in Banning Menthol Tobacco Products
A coalition of civil rights and medical organizations has filed a lawsuit against the US Food and Drug Administration (FDA), accusing it of a significant delay in implementing a ban on menthol cigarettes. The plaintiffs, which include the National Medical Association, the African American Tobacco Control Leadership Council, and Action on Smoking and Health, argue that the FDA’s failure to meet its own deadline is prioritizing profits over people’s health.
Speaking at a news conference, Dr. Yolanda Lawson, president of the National Medical Association, expressed her concern about the delay, emphasizing the importance of putting people first. Carol McGruder, founding member of the African American Tobacco Control Leadership Council, added that the delay allows the tobacco industry to addict more individuals each year.
The FDA had initially identified the ban on menthol cigarettes as a “top priority” and had sent the final rule to the White House for approval in October. However, after lobbying from various stakeholder groups, the regulatory deadline was moved to March. Kelsey Romeo-Stuppy, managing attorney for Action on Smoking and Health, criticized the delay, stating that there is no scientific or legal reason for it. She argued that the FDA already agrees that a ban is supported by facts and law, making the delay seem politically motivated.
Menthol cigarettes have been under consideration for a ban for over a decade. In April 2022, the FDA announced a proposed product standard, which public health groups hailed as a momentous step. The standard has the potential to reduce disease and death, curb youth experimentation and addiction, and increase smoking cessation rates.
According to Romeo-Stuppy, menthol cigarettes have claimed the lives of approximately 40,000 Americans since the organizations first filed suit in 2020. A ban on menthol cigarettes would not only save lives but also lower healthcare costs among all adult smokers by about $1.62 billion over a 20-year period, according to a recent study. Additionally, it could save up to 654,000 lives in the US within 40 years, with 255,000 of those lives belonging to the Black community.
The impact of a ban would be particularly significant for Black and LGBTQ+ communities. The tobacco industry has historically targeted these communities through aggressive menthol marketing, resulting in widened health disparities. While 43% of all adult smokers choose menthol cigarettes, more than 83% of Black smokers do. Black people also experience higher rates of smoking-related illnesses and premature deaths.
The FDA has not commented on the pending litigation but maintains that the tobacco product standards for menthol in cigarettes and characterizing flavors in cigars remain a top priority. The organization has submitted the rules to the Office of Management and Budget for review, the final step in the rulemaking process.
Various organizations, including the American Cancer Society Cancer Action Network and the American Lung Association, have expressed their support for a menthol ban. They argue that it is crucial for public health and essential to achieving goals such as ending cancer as we know it.
The lawsuit is expected to prompt a response from the FDA within two months. In the meantime, advocates are calling on President Biden and his administration to prioritize public health and take action to ban menthol tobacco products. They believe that implementing this rule is just the beginning of repairing the damage caused by these deadly products in communities across the United States.
