This post was originally published on Atlanta Voice
By Clayton Gutzmore
Several health organizations have assembled to take legal action against the Food and Drug Administration (FDA) for their lack of movement on a public health matter. The African American Tobacco Control Leadership Council (AATCLC), Action on Smoking and Health (ASH), and the National Medical Association (NMA) are filing a lawsuit against the FDA for not issuing the final rule banning menthol cigarettes. The leaders of the organizations announced this in a virtual press conference. They explained why they had to go this route and expressed their grievances with the FDA and Biden Administration.
“We already know that tobacco is a critical public health issue that remains the leading cause of preventable death and disease. We need to keep beating the drum about how Black Americans bear the greatest burden of it, and it doesn’t have to be this way,” said Dr. Valerie Yerger, founding member of AATCLC.
The Health Group virtual press conference announcing the lawsuit happened on Tuesday, April 2. This is the second lawsuit in the ongoing struggle to ban Menthol cigarettes. Christopher Leung of Leung Law PLLC will represent the AATCLC, ASH, and NMA. The three health organizations are pursuing legal action for the Biden Administration and the FDA for failing to issue the ban. The previous delay happened in December 2023, and they set the next deadline to March 2024. The White House did not make an announcement nor share an update before March was over. There is no apparent reason for this delay; many are frustrated with the two entities hindering.
“We have evidence that shows how harmful menthol is. It’s quite frustrating for something that makes complete sense when you look at how health disparities disproportionately impact African Americans. We are not taking action on it,” said Dr. Yolanda Lawson, president of the National Medical Association.
“It’s very frustrating that the FDA themselves have on record what they think is the science and the law behind this. The fact that it has taken not one but two lawsuits from non-governmental organizations to pass this public health rule is really sad,” said Kelsey Romeo-Stuppy, Managing Attorney of Action on Smoking and Health.
In 2020, the first lawsuit was filed against the FDA. That case involved the FDA determining whether or not to add menthol to the list to ban characterizing flavors in cigarettes. After the science and evidence were presented, the FDA determined to add menthol to the list, and the health organizations withdrew their lawsuit. The result of that case was the FDA proposing the rule in 2022.
The current lawsuit concerns the FDA’s future obligation to issue the final rule. Leung explains that the menthol cigarette ban went through the complete rule-making process. Now, The FDA has a responsibility to proceed with this rule. Suppose the health organizations win the lawsuit and the rule advances. In that case, tobacco companies will have 90 days to remove all menthol cigarettes from shelves.
“The FDA already possesses all it needs to pass a rule. It’s had a draft rule, open hearings for the community and, unfortunately, the tobacco industry, and all the time it needed. The FDA gave themselves several deadlines, but now we are in April 2024. We are now asking the court to make the FDA move forward,” said Romeo-Stuppy.
The FDA menthol cigarette ban could save thousands of lives nationwide. If menthol cigarettes are taken off the market, 654,000 lives can be saved over the next 40 years, according to Tobacco-.
What’s next in this matter is waiting for the FDA to respond to the lawsuit. Dr. Yerger and Dr. Lawson encourage the general public to call their local congressional representatives to push the White House to advance the rule. All health organizations involved in the lawsuit want everyone to pay attention to this because it could mean the most significant step in protecting Black lives from health disparities.
“When you talk about making a healthy Black America, you pay attention to this lawsuit because it revolves around creating healthier communities. When you look at healthcare costs, preventable disease, and disparities, this is an important component in the fight against eliminating health disparities,” said Dr. Lawson.
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