Daily Briefing

Around the nation: White House delays decision on menthol cigarettes again


The Biden administration has once again delayed a decision on whether to issue a ban on menthol cigarettes, in today's bite-sized hospital and health industry news from Delaware, the District of Columbia, and New Mexico. 

  • Delaware: GSK last week sued Pfizer and BioNTech in a Delaware federal court, arguing that the two companies had infringed on GSK patents related to mRNA technology when developing their COVID-19 vaccine. According to a GSK spokesperson, the company believes its patents "provided the foundational technology used in Pfizer and BioNTech’s COVID-19 mRNA vaccines," and it is "willing to license these patents on commercially reasonable terms and to ensure continued patient access" to the vaccine. In response to the lawsuit, a Pfizer spokesperson said that company is "confident in our IP position around Comirnaty [its COVID-19 vaccine]" and will "vigorously defend" against GSK's claims. According to Reuters, GSK's lawsuit is part of ongoing court cases involving Pfizer, BioNTech, and Moderna over patent royalties from mRNA technology used in the COVID-19 vaccines. (Brittain, Reuters, 4/25)
  • District of Columbia: The Biden administration has once again delayed a decision on banning menthol cigarettes. "This rule has garnered historic attention and the public comment period has yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement," said HHS Secretary Xavier Becerra. "It's clear that there are still more conversations to have, and that will take significantly more time." FDA originally proposed the menthol cigarette ban in 2022 to reduce health disparities, citing statistics showing that 85% of Black smokers prefer menthol brands. However, tobacco companies, convenience stores, gas station retailers, and other organizations have argued that the ban will cause them to lose billions of dollars and could increase policing of Black smokers. Several health organizations, including the American Lung Association (ALA) and the National Medical Association, expressed disappointment about the administration's decision to further delay the ban. "Every day that President Biden fails to finalize these rules, he loses an incredible opportunity to reduce the death and disease associated with tobacco use," said ALA president and CEO Harold Wimmer. "Ending the sale of menthol cigarettes would have helped eliminate the dramatic health inequities in who uses tobacco products in the United States." (Jewett/Weiland, New York Times, 4/26; Frieden, MedPage Today, 4/26)
  • New Mexico: In a new CDC case report, researchers described the first known transmission of HIV through nonsterile cosmetic injections. This comes after three women contracted the virus from "vampire facials" at an unlicensed spa in New Mexico. Vampire facials, or platelet-rich plasma microneedling, involve taking a patient's blood, separating out the platelets, and then injecting them into the face with tiny needles. In 2018, officials in New Mexico shut down VIP Spa after a client tested positive for HIV after receiving a vampire facial there. Officials also found that the spa was operating without proper licenses and had several unsafe infection control practices. Since then, two other women who received vampire facials at the spa have also tested positive for HIV. The spa's former owner is currently serving a 3.5-year prison sentence after pleading guilty to five counts of practicing medicine without a license in 2022. According to Anna Stadelman-Behar, a CDC epidemiologist who investigated the case, people can keep themselves safe while undergoing cosmetic procedures by verifying that an establishment is properly licensed and that single-use supplies, such as needles, are only being used from their original packaging. (Nirappil, Washington Post, 4/25)

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