June 28 (Reuters) - The Biden administration asked a
federal judge to dismiss a lawsuit by anti-smoking groups
demanding that it end nearly a year of delay and ban menthol
cigarettes, which are used disproportionately by Blacks and
younger people.
In a Thursday night court filing, the Food and Drug
Administration said the delay was not unreasonable because it
had yet to determine that a ban was "appropriate for the
protection of the public health."
It also said the plaintiffs had no direct stake in a ban and
therefore had no standing to sue, citing the U.S. Supreme
Court's June 13 rejection of a bid by anti-abortion groups and
doctors to restrict access to a widely used abortion pill.
The lawsuit was filed on April 2 in the Oakland, California
federal court by the American Medical Association, the African
American Tobacco Control Leadership Council, Action on Smoking
and Health and the National Medical Association.
A lawyer for the groups had no immediate comment on Friday.
Found naturally in peppermint and similar plants, menthol is
the only cigarette flavor still allowed under a 2009 law that
gave the FDA authority to regulate tobacco.
Government health officials had hoped to ban the flavor last
August but have pushed back the date multiple times.
The latest delay was on April 26, when Health and Human
Services Secretary Xavier Becerra suggested the matter could
drag past November's election by saying talks will take
"significantly more time."
Health and Human Services is the FDA's parent agency.
A ban would likely cost billions of dollars in annual
revenue for cigarette companies such as Altria ( MO ) and
British American Tobacco ( BTI ).
It could also impede Black voters' support for President Joe
Biden as the Democrat seeks reelection.
About 81% of Black adults who smoke cigarettes use menthol
varieties, compared with just 34% of white adults, according to
the Centers for Disease Control and Prevention.
Among cigarette smokers aged 18 to 25, 53% used menthol
cigarettes, compared with 42% of smokers over 35, the CDC said.
The FDA has said eliminating menthol could prevent 324,000
to 654,000 smoking deaths in the United States over 40 years.
The case is African American Tobacco Control Leadership
Council et al v. U.S. Department of Health and Human Services et
al, U.S. District Court, Northern District of California, No.
24-01992.