April 2 (Reuters) - The U.S. government was sued on

Tuesday by anti-smoking groups that want a ban on menthol

cigarettes and blame the Biden administration for delaying it.

Found naturally in peppermint and similar plants, menthol is

used disproportionately by Black smokers, in part because of

tobacco companies' marketing efforts and also appeals to younger

smokers.

The U.S. Food and Drug Administration in April 2022 had

proposed banning menthol. Health officials originally planned to

publish a final rule by last August, and after missing that

deadline pushed back the target date to last month.

That deadline has now passed, prompting the lawsuit to

require the FDA and its parent agency, the Department of Health

and Human Services, to implement a ban.

"Because of defendants' inaction, tobacco companies have

continued to use menthol cigarettes to target youth, women, and

the Black community--all to the detriment of public health," the

lawsuit filed in federal court in Oakland, California, said.

Menthol is the only cigarette flavor still allowed under a

2009 law that gave the FDA authority to regulate tobacco.

The lawsuit was filed by the African American Tobacco

Control Leadership Council, Action on Smoking and Health, and

the National Medical Association.

Neither HHS nor the FDA immediately responded to requests

for comment.

The FDA has said that eliminating menthol could prevent

324,000 to 654,000 smoking deaths in the United States over 40

years.

About 10.1 million Americans started smoking because of

menthol cigarettes between 1980 and 2018, and 378,000 people

died prematurely, according to the Centers for Disease Control

and Prevention.

Sales of menthol-flavored cigarettes made up 37% of U.S.

cigarette sales in 2021, the highest since data began being kept

in 1963.

About 81% of Black adults who smoke cigarettes use menthol

varieties, compared with just 34% of white adults, the CDC said.

Altria ( MO ) and British American Tobacco ( BTI ) each

generate more than 20% of revenue from menthol, Morningstar

analyst Philip Gorham estimated last month.

In a joint statement, the plaintiffs in Tuesday's lawsuit

said a menthol ban would benefit the Black community, and

accused the Biden administration of having "fallen for

disinformation and fear-mongering" by the tobacco industry.

The White House is hoping for a strong turnout among Black

voters to bolster Democratic incumbent Joe Biden's reelection

prospects against Republican former President Donald Trump.

The plaintiffs also sued the FDA for a menthol ban in June

2020. They dismissed that case in June 2022, five weeks after

the FDA proposed a ban.

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.