A proposed federal ban on menthol cigarettes is in jeopardy because of inaction by President Joe Biden and the election of Donald Trump to replace him.

What You Need To Know

  • A proposed federal ban on menthol cigarettes is in jeopardy 

  • Biden delayed a decision on the ban and now Trump’s victory could spell trouble for it

  • White House didn’t respond to requests for a statement

The ban could prevent large numbers of cancer deaths, but the proposal is controversial, especially in tobacco-growing states like North Carolina.

Menthol is a chemical compound that inside a cigarette can create a cooling sensation in the throat, which makes it easier to inhale and thus harder to quit.

But menthol cigarettes pose the same health risks as regular cigarettes, and for years health advocates have sought to ban them. While flavored cigarettes are banned around the country, menthol is exempt.

Menthols remain popular with Black smokers largely because tobacco companies have long marketed the cigarettes to them. 

The Food and Drug Administration said ending their sale could prevent hundreds of thousands of smoking deaths, many of them African Americans.

Last year, the FDA sent the White House a proposed rule to ban menthol cigarettes, but Biden delayed a final decision. It's believed one concern was the fear of potentially alienating some Black voters.

But now with Trump’s election as president the fate of the proposal is in doubt. 

“I think it’s in grave jeopardy,” George Washington University political science professor Steve Balla said.

A major reason why is if Biden were to sign it before leaving office, a Republican-controlled Congress could overturn the rule next year.

And under the Congressional Review Act, Balla said a similar rule can’t be reissued again, which makes any chance for a federal ban in the future very difficult.

“A second alternative for the Biden administration … is to not take any action at all, leave the possibility out there that a future Democratic president could readdress this issue and work on this issue and bring it to finalization,” Balla said.

It’s unclear whether Trump supports a ban.

But in the absence of federal action some states and cities have banned menthol, including California and Massachusetts.

The proposed menthol ban is controversial. In North Carolina, where tobacco is a major crop, there is some significant opposition.

Repeated requests to the White House as to what action, if any, Biden might take before leaving office were not returned in time for this story.