The White House’s decision this month to delay the Food and Drug Administration’s rule banning menthol cigarettes puts politics and profit over the health of Black Americans. Make no mistake: By heeding the cynical arguments of the tobacco industry and its well-organized lobbying effort, President Joe Biden’s administration is sending an unacceptable message that Black lives do not matter when it comes to fighting tobacco use, the leading cause of preventable death in our country. The administration must keep its promise to protect the health of Black Americans and issue a final rule this year.
By heeding the cynical arguments of the tobacco industry and its well-organized lobbying effort, President Joe Biden’s administration is sending an unacceptable message that Black lives do not matter.
Menthol cigarettes were supposed to be off the shelves by year’s end. But on Dec. 6, information on the White House’s Office of Information and Regulatory Affairs website was updated to reflect that there’ll be no ban before March.
There’s absolutely no reason why this ban, already long overdue, should be delayed even a moment longer, especially when it’s supported by overwhelming scientific evidence and when Black communities are so disproportionately targeted and harmed. Research shows that menthol makes cigarettes more addictive and, thus, makes it harder for smokers who smoke them to quit. Also, because menthol masks the harsh effects of tobacco smoke, it makes it easier for kids to experiment with cigarettes and become addicted.
Given this evidence, it’s profoundly disturbing that the tobacco industry has deliberately targeted Black communities with marketing for menthol cigarettes for more than 60 years. They’ve done it through magazine and store ads, sponsorship of our cultural events, free giveaways and discounts, and other tactics. This predatory targeting continues today. Black neighborhoods have more tobacco retailers, more ads for menthol cigarettes and more price promotions for menthol cigarettes. It’s no accident that almost 85% of Black smokers smoke menthol cigarettes, compared to 30% of white smokers who do.
It’s also no accident that, largely because of menthol, Black Americans have lower rates of smoking cessation and higher rates of tobacco-related diseases including cancer, heart disease, stroke and diabetes — all leading killers of Black Americans. In fact, in the United States, smoking claims 45,000 Black lives every year. That’s more than any other single risk factor. Banning menthol cigarettes will save Black lives. Research shows the FDA’s rule will save up to 650,000 lives in 40 years, with more than a third of them being African Americans.
The Biden administration was widely applauded in 2021 when it announced its intention to ban menthol cigarettes and applauded again in 2022 when the FDA issued its proposed rule to do so. So why the sudden delay now?
The culprit is clear: the tobacco industry, which has an endless quest for profit. That industry and a web of Black lobbyists and organizations it’s funded have engaged in a campaign to exploit the fears of the Black community and spread false messages about the menthol ban. Outrageously, they gained the ear of the White House at a high-level meeting just two weeks before the delay was announced.
It’s troubling that the White House seems to have listened to industry arguments that are so patently false. First, the industry and its allies stoked fears that banning menthol would lead to more overpolicing in Black communities. That argument was debunked as the FDA repeatedly pointed out that the ban would apply to manufacturers and retailers and would not make it illegal to possess or use menthol cigarettes. It’s troubling that the White House seems to have listened to industry arguments that are so patently false. Then the industry turned to claiming that banning menthol cigarettes would hurt Biden with Black voters. This is another phony argument being made at the eleventh hour. The NAACP is the largest Black civil rights organization, and we work in 47 states across the country. We know the real concerns of Black voters include the prices of gas and bread, the future of our children and the safety of our communities. No one has raised the proposed ban on menthol cigarettes as a political issue. This is an argument manufactured by the tobacco industry and those it has paid to carry this false message. The White House must stay focused on the main issue, that is, improving the health of the Black community, which has been targeted by a predatory industry for far too long. It is unacceptable that while Congress banned other flavored cigarettes in 2009, menthol cigarettes remain widely available. Why is the only flavor not banned the one that disproportionately sickens and kills Black people? That is the core issue, and we shouldn’t be distracted by the industry’s “tail wagging the dog” arguments against a menthol ban. The Biden administration must focus on the science and the health of Black Americans — and put our lives above politics and profit.
Derrick Johnson
Derrick Johnson is president and CEO of the NAACP, a title he has held since October 2017. Under his leadership, the NAACP has undertaken such efforts as the 2018 "Log Out" Facebook Campaign after reports of Russian hackers targeting African Americans; the Jamestown-to-Jamestown Partnership, marking the 400th anniversary of enslaved Africans' touching the shores of America; and 2020's We are Done Dying Campaign, exposing the inequities embedded into the American health care system and the country at large. He is dedicated to advocating on behalf of the Black community and all those who are affected by systemic oppression and prejudice. 
