The Supreme Court rejected a challenge to California’s menthol cigarette ban as a similar Biden-proposed national ban on flavored tobacco hangs in limbo.
On Monday, the high court declined to hear a case brought by R.J. Reynolds Tobacco Company challenging the Democrat-run state’s ban on flavored cigarettes.
Democratic Gov. Gavin Newsom signed the ban into law in 2020 in an attempt to stem the use of e-cigarettes and flavored tobacco by teens and younger Americans. California is the second state in the nation behind Massachusetts to implement such a prohibition.
Last month, the Biden administration punted on enacting a similar nationwide ban on menthol cigarettes, amid political pushback and warnings the move could anger black voters who have been drifting away from the president in polling.
A string of recent polls reveal that President Biden’s proposed ban on menthol cigarettes may have ‘unintended consequences’ for him at the ballot box in 2024.
On Monday, the high court declined to hear a case brought by R.J. Reynolds Tobacco Company challenging the state’s ban on flavored cigarettes
A string of recent polls reveal that President Biden’s proposed ban on menthol cigarettes may have ‘unintended consequences’ for him at the ballot box in 2024
Recent survey results obtained by DailyMail.com that show over six in 10 voters nationwide agree that the banning of menthol cigarettes will disproportionately harm minority communities – and that includes 63 percent of Democrats.
The administration is now expected to announce the rule will be finalized in March. That would be another delay, after an expected August rollout got put off until January.
The FDA announced new standards in 2022 for a menthol cigarette ban, in a move intended to crack down on disease and death from a product originally marketed toward African American smokers.
Among black smokers, 81 percent opt for menthol cigarettes, according to Centers for Disease Control and Prevention (CDC) figures cited by the Washington Post.
The move comes amid polls that show that while Biden’s support among black voters remains high compared to other groups, it is slipping, amid overall low approval ratings that put him in a tough race against former President Donald Trump, who has assembled edge over his rival even while refusing to rule out being a dictator.
The regulatory move has prompted a debate between sides focusing on potential health benefits and the ACLU and other groups who say it goes after a certain group of smokers and would lead to black market sales.
Potential unintended consequences could include shifting manufacturing to China and risky sales out of vehicle trunks.
House Republicans announced last month they are probing the regulatory push.
The CDC has issued warnings based on scientific research that ‘menthol in cigarettes makes it more likely that youth and young adults will try smoking and that those who start smoking will continue to smoke on a regular basis.’
‘Menthol makes cigarettes more appealing and easier to smoke,’ according to the CDC. ‘In addition, menthol enhances the addictive effects 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 that 10.1 million people started smoking because of menthol cigarettes from 1980 to 2018, resulting in an estimated 378,000 premature. The agency added up the totals, 3 million years of ‘potential life lost’ during the period.
The Biden Administration is expected to again delay final rule-making on a proposed menthol cigarette ban
House Majority Whip Tom Emmer told DailyMail.com in statement: ‘Joe Biden’s decision to pursue a ban on menthol cigarettes is a disgusting overreach of power and a slap in the face to millions of Americans.’
In addition, law enforcement officials previously told DailyMail.com 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, because menthols are smoked predominantly by black and Latino communities – at over 80 percent – said retired New York State Police officer Elliot Boyce.
The Biden administration is also catching heat for pushing for the menthol ban while moving to decriminalize marijuana.
However, top Biden officials have maintained that the criminalization of menthols would help Americans become less addicted over time.
‘The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,’ HHS Sec. Xavier Becerra previously said.
‘Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities,’ he continued.