Reports are that the Biden administration is about to do this, but this has been on the table for several years. Question is how this plays out in terms of current Equal Rights laws and viewpoints.
Key point is that for whatever reasons, African American smokers overwhelmingly favor methol cigarettes, while it’s only favored by a minority of other ethnic groups. So a ban would have a disproportionate impact on African-Americans. Key question is whether it’s a beneficial impact or a harmful one. You could look at it either way.
On the one hand, it’s pretty widely accepted - and would be accepted from a legal standpoint - that cigarette smoking is harmful, so banning a cigarette smoked by AAs would possibly help reduce the harmful effects of smoking in that community (unless they all switch to other flavors) which would make it a benefit.
On the other hand, everyone currently has the right to make their own individual decision as to the risk/rewards of smoking, and a disproportionate percentage of African Americans would be having their particular lifestyle choice overridden by the feds.
I don’t know what the law currently is as to situations of this sort, but I tend to think if it’s deliberately targeting the African American community, that it should be illegal. (FWIW, ISTM that most AA leaders are in favor of the move, but there are some dissenters as well.)