Biden administration expected to delay controversial menthol cigarette ban

President Joe Biden's controversial ban on menthol cigarettes and other flavored cigars will likely be delayed until at least the spring.

The administration is slated to announce the delay on Wednesday, sources told the Washington Post on Tuesday. The Office of Management and Budget was in the process of finalizing the rule, which had been slated to be finalized earlier in the fall, but political pressure has led to a second delay.

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The measure, ostensibly billed as a public health initiative, was vehemently opposed by drug policy experts, black law enforcement officials, black community leaders, including the Rev. Al Sharpton, and the American Civil Liberties Union.

Multiple experts previously told the Washington Examiner that despite the proclaimed health focus, the new regulations will have unintended, discriminatory impacts on black people and other communities of color.

Elliot Boyce, a 35-year veteran of the New York State Police and director and CEO of Diverse Perspectives, and Art Way, a drug policy expert with Equitable Consulting, expressed concerns to the Washington Examiner that Biden's proposal does not contain any cessation measures for smokers and will inevitably lead to black market trade in menthol products, which will cause confrontations between users and police.

Black and Latino people consume an estimated 80% of all products included in Biden's ban.

Biden administration officials countered that the onus for enforcement would fall on tobacco companies and would not result in the targeting of individual tobacco users.

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This latest delay comes as Biden continues to ramp up his 2024 campaigning in the face of waning support.

Former President Donald Trump, Biden's likely 2024 opponent, leads the president in the RealClearPolitics polling average. Furthermore, polls from CNN, the New York Times, NPR, and others show Trump holding significant leads over Biden in five of six battleground states.