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 U.S. 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.”

ONS Perspective

Reducing health disparities and increasing access to cancer prevention and early detection services for tobacco-related cancers are critical ONS health policy priorities. The U.S. Food and Drug Administration’s proposed ban on flavored tobacco products, including menthol, has faced significant delays. In March 2024, ONS and other healthcare and public health organizations urged the Biden administration to finalize the rule. However, the delay has led to a lawsuit seeking to expedite the ban. The U.S. government’s request to dismiss the lawsuit continues to raise concerns among health advocates. 

Awareness is the first step in tobacco control advocacy. Join ONS and other advocates in highlighting the urgent need for this regulation to protect vulnerable populations from the harms of tobacco. 

Advocacy Resources

• Biden Administration Plans Major Cuts to AIDS Relief Programs in Africa
• Feds Poised to Sue Pharmacy Gatekeepers Over High Drug Costs
• Supreme Court Takes Cases Including Vape Rules, Porn Access for Minors 
• Supreme Court to Weigh Whether Regulators Were Heavy Handed With Flavored E-Cigarette Products

ONS Resources

• Oncology Nursing Podcast Episode 247: Tobacco Treatment for Patients With Cancer (Earn 1.0 hours of NCPD by listening to the episode and completing the evaluation linked in the show notes by February 17, 2025.)
• ONS Learning Library: Tobacco, E-Cigarettes, and Vaping
• ONS Position Statement: Use of E-Cigarettes and Vaping

How have drug shortages affected your patients and nursing practice? ONS is actively working with the U.S. Congress and the White House to address drug shortages, and your input is crucial. Share your experiences and help us advocate for real change.