House Republicans are calling on President Biden to withdraw his administration’s proposal to ban menthol cigarettes and flavored cigars, saying the regulation would provide a “huge opportunity” to Mexican cartels.
Nine GOP lawmakers in a Dec. 11 letter to the White House noted that Cártel de Jalisco Nueva Generación (CJNG) “has reportedly expanded its recent operations to include cigarette smuggling and sales” — potentially “using the profits … to fund their fentanyl operation in the US”
The group warned Biden that the proposed ban would allow the cartel “and other criminal organizations to expand their smuggling of tobacco products within US borders, especially considering the regulated US menthol market is worth approximately $30 billion.”
“Federal rules, such as the proposed menthol and flavored cigar ban, could provide further financial resources to CJNG and other criminal organizations that would fuel their already brutal war against the United States,” wrote Rep. Carol Miller (R-WV), who led the letter.
“The American people can’t afford for the cartels to grow more powerful. We’ve already lost too much.”
Border state Reps. Dan Crenshaw (R-Texas), Brian Babin (R-Texas), August Pfluger (R-Texas), Andy Biggs (R-Ariz.) and Juan Ciscomani (R-Ariz.) signed onto the letter, along with Reps. Anthony D’Esposito (R-NY), Lori Chavez-DeRemer (R-Ore.) and Michael Waltz (R-Fla.).
The lawmakers also pointed out that Republicans and Democrats in the Senate have written letters to Biden administration officials raising concerns about the Mexican cartel’s tobacco smuggling.
A Senate GOP campaign manager told The Post that opposition to the menthol ban even has the potential to win votes for Republican candidates.
“Our polls show that with ads, this issue swings 1.5% to 2.5% of the vote to Republicans. I’m hopeful Biden immediately implements the ban so every Senate Democrat is forced to defend it,” the campaign manager said.
On Dec. 6, the Biden administration delayed issuing its final rule on the minty cigarette and flavored cigar bans in the face of backlash from both tobacco industry proponents and community leaders who worry it will heighten the risk of clashes between police and black smokers.
The mother of Eric Garner, who died in July 2014 after being put in an illegal chokehold by an NYPD officer who was attempting to arrest the 43-year-old Staten Island resident for selling untaxed cigarettes, asked Senate Majority Leader Chuck Schumer (D-NY) last month to oppose the FDA rule for that reason.
“A ban on these products risks creating an illicit market, which could, in turn, lead to increased negative encounters with police in communities of color,” Gwen Carr told Schumer in a Nov. 9 letter exclusively obtained by The Post.
The FDA announced the rule in April 2021 and acknowledged that the minty cigarettes are disproportionately popular with black smokers, citing a study that showed 923,000 smokers — including 230,000 black Americans — would quit within 13 to 17 months of the menthol ban.
Health and Human Services Secretary Xavier Becerra has also celebrated the proposed rule as “an important step to advance health equity by significantly reducing tobacco-related health disparities.”
But David Ozgo, president of the Cigar Association of America, said he has informed the Biden administration the proposal is not upheld by the Tobacco Control Act and has “little or no public health benefit, but huge economic costs.”
“In short, the proposed ban is the worst kind of public policy,” Ozgo told The Post, citing a loss of $4 billion in sales and 16,000 industry jobs.
In previous comments to The Post, Ozgo added that police departments would not want to investigate or charge a crime with “no victim.”
“These people have just gotten done policing marijuana,” he said. “The last thing police officers want to do is start up with tobacco.”
The White House did not immediately respond to a request for comment.