The US government was sued on Tuesday by anti-smoking groups that want a ban on menthol cigarettes and blame the Biden administration for delaying it.
Found naturally in peppermint and similar plants, menthol is used disproportionately by Black smokers, in part because of tobacco companies’ marketing efforts and also appeals to younger smokers.
The US Food and Drug Administration in April 2022 had proposed banning menthol. Health officials originally planned to publish a final rule by last August, and after missing that deadline pushed back the target date to last month.
That deadline has now passed, prompting the lawsuit to require the FDA and its parent agency, the Department of Health and Human Services, to implement a ban.
“Because of defendants’ inaction, tobacco companies have continued to use menthol cigarettes to target youth, women, and the Black community–all to the detriment of public health,” the lawsuit filed in federal court in Oakland, California, said.
Menthol is the only cigarette flavor still allowed under a 2009 law that gave the FDA authority to regulate tobacco.
The lawsuit was filed by the African American Tobacco Control Leadership Council, Action on Smoking and Health, and the National Medical Association.
Neither HHS nor the FDA immediately responded to requests for comment.
The FDA has said that eliminating menthol could prevent 324,000 to 654,000 smoking deaths, in the United States over 40 years.
About 10.1 million Americans started smoking because of menthol cigarettes between 1980 and 2018, and 378,000 people died prematurely, opens new tab, according to the Centers for Disease Control and Prevention.
