In a move that could have significant implications for the 2024 elections, the Biden administration has proposed a ban on menthol cigarettes and flavored cigars. The aim is to protect children from becoming smokers and to help adult smokers quit. However, the proposed ban has faced criticism and concerns from various quarters.
The Food and Drug Administration (FDA) initially proposed the ban in April 2022 but missed its August deadline. Nonetheless, the agency has reiterated that finalizing these rules remains a top priority. Brian King, the director of the FDA’s Center for Tobacco Products, stated that the rules have reached the final step of review for regulatory documents.
Critics of the proposed ban have raised worries about potential border problems with Mexican drug cartels flooding the U.S. black market with prohibited tobacco products. Additionally, the ban has divided Black leaders, with some arguing that it could lead to over-policing against the community.
Political operatives are planning to use the issue as a way to attack President Biden during the 2024 elections. They argue that criminalizing cigarettes while promoting heroin injection sites is both bad policy and bad politics. Targeted campaign ads are expected to focus on shop owners, law enforcement, and individuals impacted by the pending ban.
Several politicians, including Republican Sen. Tom Cotton and Democratic Sen. Kyrsten Sinema, have strongly opposed the proposed ban. They argue that adults should be able to make their own choices and that such regulations should be left up to the states. Sen. Cotton criticized the Biden administration for what he sees as double standards, suggesting that it prioritizes targeting political enemies over public safety.
Groups opposing the ban, such as the New England Convenience Store & Energy Marketers Association, have already launched campaigns urging candidates to oppose the ban. They argue that Massachusetts’ ban on menthol cigarettes has resulted in a significant increase in contraband cigarette seizures, indicating the growth of an illicit market. They also warn about the connection between Mexican cartels and the fentanyl crisis, suggesting that these cartels could exploit black market opportunities if the federal menthol ban is implemented.
However, there are also groups that support the proposed ban, including those backed by former New York City Mayor Michael Bloomberg. They believe that it will save lives and represent historic action to reduce tobacco use. Yolonda Richardson, the president and CEO of Campaign for Tobacco-Free Kids, stated that the rules will protect kids from tobacco addiction, advance health equity, and save lives, especially within the Black community.
Despite the potential benefits and criticisms, one expert suggests that the ban could take several years to implement due to probable court challenges. Jain Gaurav, an analyst for Barclays, predicts a two- to three-year cycle from the day the FDA passes any rule to the time it is finalized after likely court challenges. This means that the ban may not be implemented until at least 2026.
The White House has not responded to requests for comment on this issue.
In conclusion, the proposed menthol cigarette ban by the Biden administration has sparked controversy and divided communities. While some argue that it will protect public health, others raise concerns about unintended consequences and the growth of an illicit market. As the issue gains attention, political operatives are strategizing to use it as a campaign tool in the 2024 elections. The ban’s implementation, if passed, is likely to face court challenges and may take several years to come into effect.
