In April 2022, the Food and Drug Administration announced plans to ban all menthol cigarettes and cigars. In December 2023, after several civil rights groups, including the American Civil Liberties Union, expressed concerns about a blanket nationwide menthol ban exacerbating racial law enforcement disparities, the Biden administration announced a delay in finalizing rules to ban menthol tobacco until March 2024. In a press release on April 26, Secretary of Health and Human Services Xavier Becerra stated his department needed "significantly more time" to consider public comments and concerns about a menthol tobacco ban. The secretary did not mention when it would make its final decision. According to the National Survey on Drug Use and Health, in 2020, 81 percent of Black smokers preferred menthol- flavored cigarettes. Research indicates genetics may play a role. The cynic in me wonders if the delay is based primarily on concerns about the upcoming election and how African- American voters might react to a ban. However, I will give the Biden administration the benefit of the doubt and not assume ulterior motives. Secretary Becerra made the right call. Perhaps he understands that prohibition doesn't work and can cause many unintended harms.
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