Biden faces bipartisan opposition over looming menthol cigarette ban
President Biden Faces Opposition as Decision on Menthol Ban Nears
President Joe Biden is encountering resistance from both sides of the political spectrum as his administration approaches a decision on a proposed ban on menthol cigarettes. Critics argue that such a move would have negative economic consequences and disproportionately impact communities of color.
Expected FDA Decision on Menthol Ban
The Food and Drug Administration (FDA) is expected to announce its decision on whether to implement a ban on menthol cigarettes and flavored cigars as early as this week. This follows a proposal put forth by the agency in the spring of 2021. However, lawmakers and advocacy groups have voiced their concerns, claiming that the ban would lead to an increase in illicit sales and 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 letter signed by over 60 criminal justice and drug reform groups was sent to President Biden, emphasizing the dangers of underground markets and citing the current fentanyl crisis as an example.
Opposition from Republicans and Democrats
Republicans have long been opposed to the proposed ban, and now a few Democratic lawmakers are also expressing their opposition as the FDA’s decision draws near. Representatives Jared Moskowitz (D-FL) and Andrew Garbarino (R-NY) wrote a joint letter to the FDA, raising concerns about national security implications and the potential for revenue streams to benefit foreign terrorist organizations.
“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,”
Economic Concerns and Impact on Communities of Color
Opponents of the ban argue that it would have a negative impact on the economy, particularly for small businesses already grappling with rising costs and supply chain challenges. Cigarettes account for a significant portion of sales and gross margins in convenience stores, contributing billions of dollars to the industry.
Furthermore, U.S. Hispanic Business Council President Javier Palomarez highlights the potential harm to communities of color, as a majority of menthol cigarette consumers are Hispanic and black. He expresses concerns about criminal charges or fines that these communities may face if the product becomes illegal.
Potential Political Consequences for Biden
The emerging opposition to the menthol ban could pose challenges for President Biden’s reelection campaign, particularly as Hispanic and black voters are key voting blocs for Democrats. Republican political strategists plan to use the proposed ban as a campaign issue, drawing comparisons to the Biden administration’s stance on marijuana possession.
In October, the Biden administration announced its recommendation to loosen federal restrictions on marijuana, a significant shift in federal drug policy. This decision may be used by Republicans to criticize the administration’s priorities.
“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,”
The timing of the FDA’s decision remains uncertain, but it could be announced as early as this week. Details regarding the enforcement of the ban have yet to be revealed.
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How have the tobacco industry and retailers argued against the menthol ban in relation to illicit markets and declining tax revenue?
Other terrorist groups have used proceeds from counterfeit cigarettes to fund their operations,”
the letter states.
Meanwhile, health advocacy groups and civil rights organizations are divided on the issue. Some argue that a ban on menthol cigarettes is necessary to address the public health crisis caused by tobacco use, particularly among marginalized communities. According to the Campaign for Tobacco-Free Kids, menthol cigarettes are heavily marketed towards Black Americans, and account for over 80% of cigarettes smoked by this demographic.
Economic Concerns
Opponents of the menthol ban raise economic concerns, suggesting that it would lead to significant job losses and a decline in tax revenue. The tobacco industry, along with retailers and distributors, argue that the ban would create a thriving illicit market, similar to what happened with prohibition in the 1920s.
They predict that consumers who want menthol cigarettes would turn to the black market or neighboring states where bans are not in place, resulting in lost sales and tax revenue for impacted communities.
Addressing Health Disparities
Proponents of the ban argue that it is a necessary step to address the racial disparities in smoking rates and related health outcomes. According to the American Lung Association, Black Americans have a higher smoking rate compared to other racial and ethnic groups, and are more likely to die from smoking-related illnesses. They assert that banning menthol cigarettes would help to reduce these health disparities.
Furthermore, they contend that the tobacco industry has deliberately targeted communities of color with aggressive marketing campaigns, contributing to higher smoking rates among these populations.
Conclusion
The decision on whether to implement a ban on menthol cigarettes is likely to be a contentious one. President Biden is facing opposition from both sides, with concerns raised about economic consequences, illicit markets, national security, and public health disparities. It remains to be seen how the FDA will weigh these various factors and make their final decision.
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