The Supreme Court rejected a challenge to California's menthol cigarette ban as a similar national ban on flavored tobacco proposed by Biden remains in limbo.
On Monday, the Supreme Court declined to hear a lawsuit filed by RJ Reynolds Tobacco Company challenging the Democratic-run state's ban on flavored cigarettes.
Democratic Gov. Gavin Newsom signed the ban in 2020 to curb the use of e-cigarettes and flavored tobacco by teens and younger Americans. California is the second state in the country, after Massachusetts, to implement such a ban.
Last month, the Biden administration planned to pass a similar nationwide ban on menthol cigarettes, despite political opposition and warnings that the move could anger Black voters who defected from the president in the election.
A series of recent polls show that President Biden's proposed ban on menthol cigarettes could have “unintended consequences” for him at the ballot box in 2024.
On Monday, the Supreme Court declined to hear a lawsuit filed by RJ Reynolds Tobacco Company challenging the state's ban on flavored cigarettes
A series of recent polls show that President Biden's proposed ban on menthol cigarettes could have “unintended consequences” for him at the ballot box in 2024
Recent poll results from show that more than six in 10 voters nationwide believe banning menthol cigarettes will disproportionately harm minority communities – and that includes 63 percent of Democrats.
The government is now expected to announce that the rule will be finalized in March. That would be another delay after the August launch was pushed back to January.
The FDA announced new standards in 2022 for a ban on menthol cigarettes to combat illness and death from a product originally marketed to African-American smokers.
According to Centers for Disease Control and Prevention (CDC) data cited by The Washington Post, 81 percent of Black smokers choose menthol cigarettes.
The move comes amid polls showing that while Biden's support among black voters remains high compared to other groups, it is declining as overall approval ratings are low, putting him in a tough race against the former President Donald Trump, who has gained an edge over his rival even as he refuses to rule out being a dictator.
The regulatory move has sparked debate between sides focused on potential health benefits and the ACLU and other groups that say it targets a specific group of smokers and would lead to black market sales.
Possible unintended consequences could include shifting production to China and risky sales from vehicle trunks.
House Republicans announced last month that they were reviewing the regulatory push.
The CDC has issued warnings based on scientific research that “menthol in cigarettes increases the likelihood that adolescents and young adults will start smoking and that those who start smoking will continue to smoke regularly.”
“Menthol makes cigarettes more attractive and easier to smoke,” according to the CDC. “In addition, menthol increases the addictive effect of nicotine in the brain.” “The amount of nicotine, the addictive drug in tobacco products, in menthol cigarettes has increased in recent years.”
It cited data showing that between 1980 and 2018, 10.1 million people started smoking because of menthol cigarettes, resulting in an estimated 378,000 premature consequences. The agency added up the total: 3 million years of “potential life lost” during that period.
The Biden administration is expected to again delay final rulemaking on a proposed ban on menthol cigarettes
House Majority Leader Tom Emmer told in a statement: “Joe Biden's decision to impose a ban on menthol cigarettes is an abhorrent overreach of power and a slap in the face to millions of Americans.”
Additionally, law enforcement officials previously told that the ban would lead to an increase in black market trafficking, cartel and gang violence, and unregulated cigarettes – which could be laced with dangerous drugs, including fentanyl.
And it will impact minority communities the most, since menthol is smoked primarily by Black and Latino communities — over 80 percent — said retired New York State Police Officer Elliot Boyce.
The Biden administration is also in turmoil for pushing for the menthol ban while decriminalizing marijuana.
But senior Biden officials have claimed that criminalizing menthol would, over time, help Americans become less addicted.
“The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” said HHS Sec. Xavier Becerra said previously.
“In addition, the proposed rules represent an important step toward advancing health equity by significantly reducing tobacco-related health disparities,” he continued.