Menthol cigarettes and cigars could be soon banned by a federal authority in an effort to stop young people from starting to smoke and helping many, especially African Americans, to quit.
The U.S. Food and Drug Administration (FDA) announced the long-awaited move Thursday. The agency has worked on the issue since at least 2011. A 2009 law banned all flavors in cigarettes, except for tobacco and menthol.
The FDA estimated in 2019 that more than 18.5 million people aged 12 and up smoked menthols in the U.S. It recorded high rates of use by youth, young adults, African Americans, and other racial and ethnic groups.
The FDA said banning menthol cigarettes in the U.S. would lower smoking by 15 percent nationwide in the next 40 years. Smoking deaths could drop from 324,000 to 654,000 over that time if menthol was banned, the agency said. African-American deaths could be reduced from 330,000 to 238,000 in the next 40 years by banning menthol cigarettes, the FDA said.
“The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” said Health and Human Services Secretary Xavier Becerra. “Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.”
A government study issued last year said almost nine out of 10 African Americans who smoke use menthol cigarettes, compared to less than 30 percent of whites who smoke. That paper said this choice was heavily influenced by cigarette makers for profit.
“For decades, the tobacco industry perniciously targeted Black communities with menthol for tremendous profit, researching and appropriating Black culture along the way,” reads the study, titled “Why Menthol Bans Protect African Americans.” “From free menthol giveaways in ice cream truck-like vans in the 1960s to 1990s to saturating urban, Black neighborhoods with menthol advertisements, cheap prices, and coupons through today, the industry has flooded and continues to target Black communities with this minty poison.”
However, others say the ban unfairly targets African-American consumers. Writing in The Washington Post last May, columnist Eugene Robinson said he understood tobacco companies targeted Black consumers for years.
“But I can’t rush to cheer a new policy that puts a terribly unhealthy — but perfectly legal — practice enjoyed so disproportionately by African Americans on the wrong side of the law,” Robinson wrote.
Enforcement of the new law will only address manufacturers, distributors, wholesalers, importers and retailers that deal in cigarettes. The new rules do not include a prohibition on individual consumer possession or use.
The FDA will open the proposal for public comment. Beginning May 4th, the public is invited to listening sessions with government leaders. They may also submit comments via mail or email through July 5th. If approved, the new rules would not need Congressional review.
“The authority to adopt tobacco product standards is one of the most powerful tools Congress gave the FDA and the actions we are proposing can help significantly reduce youth initiation and increase the chances that current smokers quit. It is clear that these efforts will help save lives,” said FDA Commissioner Robert M. Califf. “Through the rule-making process, there’s an important opportunity for the public to make their voices heard and help shape the FDA’s ongoing efforts to improve public health.”