Sinema hits Biden administration over planned menthol ban

Originally written by Cami Mondeaux and featured in the Washington Examiner.

Sen. Kyrsten Sinema (I-AZ) hit out against the Biden administration’s proposed ban on menthol cigarettes, arguing such decisions should be left to the individual states rather than the federal government.

Sinema argued against the ban during a town hall event with the U.S. Hispanic Business Council on Monday, underscoring the importance of allowing states to have authority over their own regulation laws. The comments make Sinema one of the first Democratic-aligned senators to come against the Biden administration’s proposal after it was first announced one year ago. (Sinema is an independent but caucuses with Democrats.)

“My general perspective would be that as adults, people can make their own choices, and what the government's job to do is to ensure that we have a market that is open and that products are available that are regulated to make sure that everyone is safe,” Sinema said. “At the federal level, I believe that it's our job to kind of stay out of that and let states take their own action and manage their own choices.”

The Food and Drug Administration is working to finalize a proposal to ban the sale of menthol cigarettes and flavored cigars, which accounts for more than one-third of the cigarette market in the United States, according to the Kaiser Health Foundation. Advocates have pushed for such a ban, arguing it would be crucial to lower smoking rates and smoking-related deaths across the country.

However, the ban has also elicited some concerns from several outside groups, such as the National Association of Police Organizations, which noted the ban would redirect resources toward overseeing menthol distribution rather than focusing on violent crimes. Instead, the group argued such matters should be handled in the regulated system.

Criminal justice reform groups have also come out in opposition, claiming the ban would result in disproportionate policing in communities of color and increased incarceration rates.

At least 21 Senate Democrats have come out in support of the proposed ban, writing a letter to the FDA in May to press the agency for updates on the measure. It’s not clear when the FDA will release its proposed rule, but it’s expected to come sometime later this year.

"Make your own decisions about your life, take responsibility, be accountable for yourself, and as long as you're not hurting someone else, you can make the decisions you want to make in your own life," Sinema said.