Biden faces bipartisan opposition over looming menthol cigarette ban

This article was written by Cami Mondeaux for the Washington Exmaminer

President Joe Biden is facing opposition from both sides of the aisle as his administration nears a decision on a proposed menthol ban, with several arguing such a move would negatively affect the economy and disproportionately affect communities of color.

The Food and Drug Administration is expected to release its decision as early as this week on whether it will implement a ban on menthol cigarettes and flavored cigars, following through with a proposal that was first floated by the agency in spring 2021. Lawmakers and advocacy groups alike have criticized the proposal, arguing it would lead to an increase in illicit sales as well as inconsistent enforcement.

“Banning products does not curb consumer demand, but rather fuels illicit markets. Products made and sold without FDA oversight are much more likely to contain dangerous additives,” a group of more than 60 criminal justice and drug reform groups wrote in a letter to Biden on Tuesday. “The current fentanyl crisis is a perfect example of how an underground market puts the public in danger.”

Republicans have long pushed back against the proposed ban, with a handful of Democratic lawmakers also coming out in opposition as the FDA nears its decision. Rep. Jared Moskowitz (D-FL) joined Rep. Andrew Garbarino (R-NY) in a letter sent to the FDA, urging the agency to reverse course.

The pair of lawmakers cited concerns with national security that a proposed menthol ban would pose, arguing such a move could “open a massive revenue stream for this Hamas-allied foreign terrorist organization."

“It is well-documented that Hezbollah is a leader in the illicit cigarette trade — not halfway around the world but right here in the Western Hemisphere. There have been cases in which Hezbollah and Hamas cells have smuggled cigarettes into the United States to send the revenue overseas,” the two wrote. “It would be concerning to move forward with this rule without considering the potential for foreign terrorist and criminal organizations, such as Hezbollah or Hamas, to generate revenue and fuel their operations in the wake of a ban on menthol cigarettes.”

Opponents of the ban have argued such restrictions would negatively affect the economy at a time when businesses are already dealing with rising costs and inflation. Cigarettes account for nearly 30% of all sales in convenience stores and over 10% of those stores’ gross margins, according to data from the National Association of Convenience Stores. Those numbers have contributed over $54 billion to the industry.

Implementing a menthol ban could negatively affect those numbers, particularly hitting small businesses that are already reeling from high interest rates and supply chain challenges, according to U.S. Hispanic Business Council President Javier Palomarez.

“It's already been a very heavily regulated industry,” Palomarez said. “We believe in commerce, but commerce with a conscience. And so we believe that any product that is legally sold, responsibly marketed, and responsibly manufactured — any American should be able to buy a product that meets those requirements. And these products definitely meet those requirements.”

The council has also expressed concerns about how the ban would negatively affect communities of color, arguing a majority of those who smoke menthol cigarettes are Hispanic and black consumers.

“If this product is made illegal, it's those communities that become vulnerable to criminal charges or fines,” Palomarez said. “I'm a Democrat. I voted for Joe Biden, but I am beside myself at the sheer stubbornness and the arrogance of an administration that purports to know more and better about what's good for our communities.”

The emerging opposition could spell trouble for Biden as he seeks reelection next year, especially because Hispanic and black voters are two key voting blocs that Democrats typically rely on. Republican political operatives have signaled they plan to use the topic as campaign fodder during the 2024 cycle, planning to use the proposed menthol ban to compare it to the Biden administration’s softening on marijuana possession.

The Biden administration announced in October it would recommend the Drug Enforcement Administration to loosen federal restrictions on marijuana, which would mark the largest change in federal drug policy in decades.

“It’s incredible that Biden is spending massive political capital trying to ban cigarettes at the same time he’s legalizing weed and heroin injection sites,” a Republican Senate operative told the Washington Examiner. “Democrats up and down the ballot should expect to answer for this in their campaigns.”

It’s not clear when the FDA will release its decision, but it could come as soon as this week. Details on how the ban will be enforced are not yet known.