Trump Rolls Back FDA Menthol Ban
Biden's FDA pushed a prohibition that disproportionately targeted marginalized communities. Trump's reversal may mark a shift toward smarter drug policy.
The first week of Donald Trump's second term was so full of executive orders that it was hard to keep track of what was changing. With so many headline-making declarations—both good and bad—it was easy to miss one stellar piece of policy pushed through: the withdrawal of the Food and Drug Administration's proposal to ban menthol tobacco and nicotine products nationwide.
In 2022, as part of the Biden administration's attack on tobacco and nicotine use, the FDA introduced a proposed rule to ban the sale and purchase of menthol-flavored tobacco and nicotine products. But the administration quickly backed off its public endorsement of the prohibition after realizing how unpopular the proposed bans were with voters. It never took the steps needed to withdraw the proposed rules, however. Joe Biden and Kamala Harris' disappointing move here was inconsistent with their public calls to end the war on drugs.
The previous administration said it was targeting menthol products in particular because they are often used by marginalized communities, most notably by black adults. The administration argued that access to these substances led to "health disparities [among] communities of color, low-income populations, and LGBTQ+ individuals."
What Biden's FDA did not understand is that a ban would not cause these consumers to immediately stop using these products. We know from decades of failed attempts—from alcohol prohibition in the 1920s to Massachusetts' currently failing menthol ban—that consumers are too strong-willed for a government-imposed ban to work how it is intended. Instead, the black community and other consumers of menthol products get pushed to the unregulated black market where they would be in danger of encountering tampered products and criminal ramifications if caught. For these reasons, the proposed ban drew concern from activist groups such as the American Civil Liberties Union and Drug Policy Alliance. The tragic events that transpired from Eric Garner selling cigarettes on the streets of New York City should have been more than enough of a lesson for the Biden-Harris administration in the dangers of paternalistic prohibition policies pushed under the guise of protecting public health.
The targeting of a legal product that is heavily favored by a specific community in the name of securing their health may seem admirable at first glance. But when one understands the negative consequences that will inevitably occur—most notably those sometimes violent measures taken by the government—that same action looks much less honorable.
On the other hand, Trump was outspoken about his support for legal access to tobacco and nicotine products during his most recent presidential campaign. While not a user of the substances himself, Trump seems to at least understand the impact of this issue on voters.
While Trump was not always a steward of smart tobacco policy during his first administration, he did make public promises to "save Vaping" on the 2024 campaign trail. And it seems that his administration is already starting to make good on that promise with the withdrawal of this rule. The proposed ban's withdrawal is hopefully the start of a new era of drug policy.
