Public Health Officials Are Done Waiting on Biden to Ban Menthols

“I think the Biden administration is afraid of seeming racist, particularly coming up on an election,” said an attorney with Action on Smoking & Health, one of the groups suing the administration to ban menthol-flavored tobacco products.

Menthol Cigarettes

Public health groups filed a second lawsuit in April against the U.S. Food and Drug Administration in the northern district of California, arguing that the administration is violating its own guidelines by delaying a ban. Jeff Chiu/AP

Public health officials, including those advocating for Black lives, have lost patience with the Biden administration over its reluctance to ban menthol cigarettes, and they are reigniting a legal battle with the White House over it.

“It was prime time to refile this lawsuit,” said Kelsey Romeo-Stuppy, managing attorney at Action on Smoking & Health. “Part of the reason we dropped our first one is because we thought [the administration] was moving forward. But they exceeded several deadlines, and the timeline felt too excessive.”

ASH is one of three co-plaintiffs who filed a second lawsuit in April against the U.S. Food and Drug Administration in the northern district of California, arguing that the administration is violating its own guidelines by delaying a ban. They were joined by the African American Tobacco Control Leadership Council and the National Medical Association. The lawsuit came days after the Biden administration missed its third self-imposed deadline to finalize the rule banning tobacco products with a menthol flavor.