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Federal Menthol Cigarette Ban Aims to Protect Youth, African Americans

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.” 

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Memphis Vaping Community Fights E-Cig Regulations

The Wild, Wild West days for unregulated electronic cigarettes may be coming to an end.

The belt is tightening for the industry and its users. More than 30 states have stepped in to regulate e-cigarettes or vaporizers and define what they are (“alternative nicotine” among other names), but the U.S. Food and Drug Administration (FDA), is trying to regain control for nationwide regulation.

Some states, such as Missouri, have already enacted laws that will prevent e-cigarettes from being taxed or regulated like traditional cigarettes. A Tennessee bill that tried to do the same went nowhere in the General Assembly.

Currently, only a few states have passed restrictive regulations that treat e-cigarettes like traditional cigarettes. Tennessee has not yet, and the vaping community — that is, users of e-cigarettes — is taking a grassroots approach to informing the state’s senators and representatives about the benefits of vaping over smoking in the wake of FDA regulations.

Some regulation, such as a ban to sell to anyone under 18, is welcomed by users. Other rules are less clear-cut and still remain debatable for users, like regulation of what exactly can go into e-cigarettes to be inhaled through the vapor.

Cherie Moncada | Dreamstime.com

Tiffany Everett is one of the administrators on the Memphis Vapers Group on Facebook, a community of more than 2,200 Mid-Southerners who use electronic cigarettes.

“If the regulations go how they stand, it’s going to kill our small businesses,” Everett said. “If you want to look at Tennessee alone, we’ve got over 200 brick and mortar shops. Take that number and average about five employees a piece — that number is pretty big. That’s going to be a big hit to our economy, even here in Tennessee.”

The Facebook group members have been vocal about standing up for vaping, particularly down to the dollars and cents.

“One of the big [regulations] that is going to hurt us is that they’re going to have to submit an application for new vapor products like juices, equipment, anything like that,” Everett said. “Going through that application process could cost a million dollars. We couldn’t afford that. ‘Big Tobacco’ could afford that.”

Another of the mass campaigns employed by the group involves telling their personal stories about how e-cigs helped them quit smoking cigarettes or how their health has improved by vaping instead of smoking. However, electronic cigarettes are not marketed as smoking cessation devices and, if they were, they would be subject to stricter FDA regulations and imported products would be limited.

“None of these products are marketed as smoking cessation devices. They’re not marketed as medicines,” said Jonathan Foulds, a professor of Public Health Sciences and Psychiatry at Pennsylvania State University who has focused on smoking cessation and tobacco use since the 1980s.

“If they did, they would have to jump through different hoops in a different part of the [FDA], the same as the nicotine gum and patches. They would have to prove their safety and efficacy. Right now, that’s not how they’re being sold. They’re being sold like other tobacco products.”

Foulds has shifted his study to electronic cigarettes.

“We know the ones that are out on the market right now are not great, but there’s been a lot of innovation over the last five years,” Foulds said. “If they’re over-regulated right now, that could bring an end to that possible development, or at least slow it down significantly and leave the lethal tobacco cigarette, which is much more unhealthy than any electronic cigarette, as still the number-one source of nicotine in this country.”

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Invasion of the Asian Catfish

Paul Dees’ grandfather got into catfish farming in the 1960s during the industry’s infancy, realizing that his land’s heavy clay soil wouldn’t grow a stitch of cotton.

Dees took over the family business near Leland, Mississippi — about 200 miles south of Memphis — in 2000. His grandfather had grown the farm into one of the largest catfish producers in the state, which produces the most catfish in the country.

Today Dees’ livelihood hangs in the balance, as Mississippi aquaculture faces a foe mightier than drought or the boll weevil. “As an individual producer, there’s nothing more I can do,” he explains. “We can’t compete against the People’s Republic of China.”

But on May 3rd, state commissioner of agriculture and commerce Lester Spell ordered catfish imported from China off of the shelves of several grocery stores statewide after samples of the fish tested positive for ciprofloxacin and enrofloxacin, broad-spectrum antibiotics that are banned by the FDA for use in human food.

Mississippi, Alabama, and Louisiana have since banned the sale of Chinese catfish statewide. Wal-Mart stores have pulled the Chinese fish nationwide. Tennessee has planned no such action, nor have any shipments of Chinese catfish to the state been inspected. Though the removal actions have been criticized as political, and the specific health risks these contaminated fish pose dismissed by some as inconsequential, the incident provokes questions about how globalization impacts everything in our lives, from regional industries to the food we put on our tables.

Catfish Fever

While catfish farming hasn’t taken in Tennessee, Memphis is a big consumer of the crop. Witness the packed parking lot during the lunch rush at the Cooper-Young restaurant Soul Fish.

The eatery opened last year, and its owner — Raymond Williams, who’s committed to Mississippi farm-raised catfish — sees plenty of his peers hooked by the lure of cheap Chinese product. As Chinese catfish take a larger share of the American market, prices of domestic filets increase to offset the losses. Domestic catfish jumped nearly 20 percent in price shortly after Soul Fish opened its doors.

Not all catfish restaurants in the city are as committed to buying local, however. That crispy-fried filet you enjoy at your favorite joint may not be catfish at all but Vietnamese tra or basa. “You’d be surprised at the number of places that claim to be a catfish restaurant that don’t even sell true catfish,” says Kenneth Mitchell of Sysco, a wholesale food distributor.

Farmers in the region are battling to force restaurants to include “country of origin” labeling on their menus. They won a modest victory when the FDA barred Vietnamese fish distributors from calling tra catfish in 2001. Vietnam accounted for 84 percent of “catfish” imports prior to that ruling, but now the amount of Vietnamese imported fish has fallen off considerably. The hope is that “country of origin” labeling will have the same effect on Chinese imports.

Mitchell says that he sells 900 cases of Chinese catfish to restaurants in Tennessee, Arkansas, and Mississippi every week.

Domestic fish costs about $55 per case, while Chinese fish runs $45 per case; cases average 45 pieces of fish. It’s the marginal buyers who keep the imports coming. “There’ll always be those people who try to find the cheapest price on anything they can call a catfish,” Mitchell notes.

“We’ve been trying to get a labeling law passed, ” Dees says. “As far as the catfish industry being able to go down to Jackson and shove that through, we can’t. In the scheme of things, we’re small potatoes.”

Farmers are urging the USDA to inspect and grade catfish as it does beef to establish industry-wide quality control. “We think it may help put the difference between us and the Chinese fish,” Dees says.

Big business

Aquaculture is a booming business in China. The government took an active role in rebuilding the industry after inland development, dam construction, and industrial pollution stunted China’s inland fisheries in the 1970s. It stocked rivers, lakes, and reservoirs. The annual output of China’s inland fisheries jumped from 300,000 tons in 1978 to 1.76 billion tons in 1996.

Chinese catfish exports scarcely existed 10 years ago, but their prominence in the American market is expanding rapidly. According to the U.S. Department of Commerce, the U.S. has imported 10 million pounds of Chinese catfish so far this year, against four million for this time last year. The situation does not bode well for producers in the region. Arkansas catfish farmer Carl Jeffers explains: “That volume translates into a reduced processing volume for the U.S. industry. It’s only a matter of time before the price declines because of the amount of imports.”

War Eagle

Though American farmers find themselves fighting Asian imports today, the U.S. has helped enable the growth of the Chinese catfish industry. Alabama is both the second leading producer of farm-raised catfish and also home to one of the world’s preeminent fishery-science departments at Auburn University.

The Auburn fishery department transfers scientific data and know-how to developing countries. It assists in installing fishery infrastructure and works on sustainability of aquaculture crops in a variety of settings. It also brings foreign agriculture officials to the South to show them how it’s done.

“Auburn hosted a Chinese delegation in 1996 that visited my farm,” Jeffers recalls. “They took notes and were very interested in what it took to raise catfish. You might say, in a roundabout way, I facilitated the Chinese invasion.”

Neither Auburn nor Jeffers is likely to have touted the use of antibiotics in fish. The Chinese have developed their own aquaculture methods. While American-farmed catfish swim in ponds, Chinese fish are grown in pens. Water quality may be an issue. “They’re growing their fish in polluted waters,” Dees says. “That’s part of why they have to give them antibiotics, to keep them alive.”

David Rouse, chair of the Auburn fishery department notes, “We have hosted some Chinese groups, but we’ve been very careful on that, particularly in the past 10 years.”

Rouse adds that anyone who wants to start a catfish farm in China can find the needed information from a variety of sources. There are no trade secrets, he says. “All of that information is on the Internet. Anybody who wants to farm or set up a processing plant, it’s out there.”

Banned by the FDA

The substances found in Chinese catfish samples in Mississippi and Alabama, ciprofloxacin and enrofloxacin, are used to treat potentially life-threatening infections in humans. The problem is that by ingesting them in food we may promote the evolution of pathogens resistant to these medicines, rendering them useless as treatment — though one would have to eat an awful lot of catfish for a long time to develop antibiotic resistance.

According to FDA records, ciprofloxacin and enrofloxacin have been found in shipments of catfish and basa bound for the U.S. from China and Vietnam. Shrimp from Vietnam, Venezuela, Thailand, and Malaysia have tested positive for the antibiotic chloramphenicol. Gentian violet and malachite green, anti-fungal or anti-bacterial agents applied to fish grown in tight quarters, have been found in shrimp from Mexico, eel from Taiwan, Vietnamese basa, and Chinese eel, tilapia, and catfish.

These substances pose a variety of health risks to humans. Chloramphenicol holds a slight risk for aplastic anemia, and gentian violet has been linked to mouth cancer. A Canadian study in 1992 determined that people who eat fish contaminated with malachite green are at risk for liver tumors.

“They aren’t approved for use in human food,” an FDA spokesperson told the Flyer. “They should not be present in food in any amount.”

Outlook: Murky

Scientists and farmers see the future of the Southern catfish industry differently. “I think China’s water quality is such that they won’t be able to produce catfish very long,” Rouse says. “They have to use antibiotics just to keep the fish healthy. It’s a fish that has expensive feed, so they’re going to tend to grow cheaper, easier fish. The [Chinese] catfish are probably going to go away in a year.”

Jeffers has seen the experts proven incorrect before. “We always felt that shipping expenses would be prohibitive for going outside the U.S. and assumed that other countries were the same,” Jeffers says. “Obviously we were wrong.”

“The catfish industry has already atrophied in the last five years — there’s not much fat left to trim,” Dees adds.