 Health Care |
Health Care |
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Biden faces lawsuit over menthol ban delay |
The White House has missed its deadline to publish a rule banning menthol cigarettes, raising the ire of public health advocates who fear the policy will be indefinitely delayed by election year politics. |
In an effort to force the administration to act, three anti-tobacco public health groups on Tuesday sued the Food and Drug Administration and its parent agency, the Department of Health and Human Services.
Health officials initially targeted last August to publish the rule to ban menthol. But at the end of last year, the Biden administration delayed the ban until March after fierce lobbying from critics — including the tobacco industry — seemingly spooked the White House that such a move could anger Black smokers and harm President Biden's reelection chances.
"Because of Defendants' inaction, tobacco companies have continued to use menthol cigarettes to target youth, women, and the Black community — all to the detriment of public health," the groups said in their complaint, which was filed in the Northern District of California.
The March deadline was a regulatory one rather than legislative or legal, which experts said means there's no real pressure on the administration to act right away.
The Office of Management and Budget declined to comment on a rule that's still under review.
Recently, public health groups have been trying to show the White House that a menthol ban will save Black lives, rather than alienate Black voters.
"The relentless and racist tobacco industry targeting has killed too many members of the Black community," Carol McGruder, Co-Chair of the African American Tobacco Control Leadership Council and one of the groups that's a party to the lawsuit, said in a statement. "If Black lives truly matter, then we must end the sale of menthol cigarettes and do it now!"
The same three groups first sued the agency over menthol in 2020, saying the FDA had "unreasonably delayed" action on a ban.
The groups voluntarily dismissed the lawsuit when the FDA finally proposed a rule in 2022. But when the March deadline passed, the groups decided they needed to act again. |
Welcome to The Hill's Health Care newsletter, we're Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health. |
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How policy will be impacting the health care sector this week and beyond: |
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Congressional Democrats are strategizing over legislation to repeal the Comstock Act, the 19th century anti-vice law that's being eyed by conservative activists to potentially enact a national abortion ban. Sen. Tina Smith (D-Minn.) said in a New York Times op-ed Tuesday that she wants to introduce a bill "to take away the Comstock Act as a tool to limit reproductive freedom." Smith said she is speaking with House … |
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Groups working to enshrine abortion rights in Arizona's constitution said Tuesday they have collected enough signatures to put the amendment on the ballot in November. Arizona for Abortion Access — a coalition of organizations including the ACLU of Arizona, Reproductive Freedom for All Arizona and Planned Parenthood Advocates of Arizona — announced they have so far collected more than 500,000 voter signatures, with more … |
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Branch out with a different read: |
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Hospitals must obtain written consent for pelvic and similar exams, the federal government says |
Hospitals must obtain written informed consent from patients before subjecting them to pelvic exams and exams of other sensitive areas — especially if an exam will be done while the patient is unconscious, the federal government said Monday. New guidance from the U.S. Department of Health and Human Services now requires consent for breast, … | |
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Local and state headlines on health care: |
- California universities are required to offer abortion pills. Many just don't mention it. (LAist, KFF Health News)
- 'No help here': Florida abortion ruling leaves women with few options (Washington Post)
- Louisiana lawmakers file legislation to preserve access to IVF treatment (News from the States)
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Health news we've flagged from other outlets: |
- Medicare billing forms are running out of space for growing health care prices (Stat)
- Adderall prescriptions have been filled less often amid ongoing shortage in the U.S. (CNN)
- ACA health insurance plans are being switched without enrollees' OK (NPR)
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You're all caught up. See you tomorrow! |
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