menthol – Memphis Flyer

The process to possibly ban menthol cigarettes got a step closer Monday, while the move got the nod from a high-ranking politician, and the disapproval from the convenience store lobby.

The U.S. Food and Drug Administration (FDA) announced the long-awaited move toward a menthol ban in April. 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, and over that time, an estimated 324,000 to 654,000 smoking deaths overall and 92,000 to 238,000 African-American deaths could be avoided.

The FDA opened the proposal up for public comment in April, a necessary step in federal rule-making. The comment period was expanded by 60 days in June at the urging of lobby groups advocating for convenience stores, truck stops, and marketers of gasoline and diesel. That comment period closed, getting the move one step closer to reality, on Monday.

U.S. Rep. Frank Pallone, chairman of the House Committee on Energy and Commerce, told the FDA he approved the move to ban menthols in a letter this week. He said menthols are the only flavored cigarette left on the market, they “make smoking less harsh and easier to inhale,” thereby helping people — and many young people — to start smoking.

“Research has found that tobacco companies controlled the menthol levels in their cigarettes to increase brand sales among specific groups and gain market share,” Pallone said in his letter. “Even more concerning, the tobacco industry has aggressively targeted marketing of menthol cigarettes to specific populations and certain racial and ethnic groups, particularly Black Americans and young people.”

In June, the Association for Convenience & Fuel Retailing (NACS) said banning menthols “would decimate businesses operated by hardworking men and women” who legally sell legal products. Banning menthols — or any legal product — “for consenting adults has never and will never be good policy.”

NACS said the menthol market accounts for about 34 percent of cigarette sales, and that flavored cigars account for 51 percent of cigar sales. Banning these products, the group said, will push their sales to “the illicit market.”

“History has proven that prohibition of a legal product that has an established user base doesn’t work and has negative consequences for our communities,” stated Anna Blom, NACS director of government relations. “Unfortunately, many current users of these products will seek out illicit sources who don’t check IDs and who sell counterfeit products smuggled into the country.”

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 4^th, the public is invited to listening sessions with government leaders. They may also submit comments via mail or email through July 5^th. 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.”