Topline
Following years of campaigning by public health experts and civil rights activists to outlaw menthol cigarettes, which disproportionately harm Black Americans, the Food and Drug Administration is expected to propose a federal ban this week, according to the Washington Post.
The Biden administration will call for a ban on other flavors in mass-produced cigars.
Key Facts
The Food and Drug Administration is under a court order to respond by Thursday to a 2013 citizen petition requesting a ban on menthol-flavored cigarettes.
It would likely take years before a ban on menthol cigarettes would take effect: The FDA has to go through a rule-making process, waiting for public comment, and the tobacco industry will undoubtedly challenge the regulatory action in the courts.
The administration will also call for a ban on other flavors in mass-produced cigars, the Post reported.
Crucial Quote:
“I have no doubt that it’s time for a ban on menthol,” said Rep. Karen Bass (D-Calif.), leader of the Congressional Black Caucus. “We should never allow a chemical that is specifically targeted to a population, that increases death, no matter who it is. In this case, it’s menthol and the Black population.”
Key Background:
In the 1950s, the tobacco company Philip Morris conducted surveys that found Black smokers preferred menthol in their cigarettes, according to a review of tobacco industry documents by Dr. Phillip Gardiner, which was published by the medical journal Nicotine & Tobacco Research. At that point, the tobacco industry reportedly began a “predatory marketing campaign” aimed at Black communities. For instance, according to the FDA research, tobacco companies placed “larger amounts of advertising in African American publications.”. A CDC report published in 1998 found the tobacco industry’s “attempts to maintain a positive image” among Blacks have included “supporting cultural events and making contributions to minority higher education institutions, elected officials, civic and community organizations, and scholarship programs.” In 1953, according to the Atlanta Journal Constitution, only 5% of Black smokers smoked menthol. By 1976, that number had risen above 40%. Now, 85% of Black smokers use menthol cigarettes. FDA research has found that menthol cigarettes may be harder to quit than non-menthol brands. Although Blacks usually smoke fewer cigarettes and start smoking cigarettes at an older age, according to CDC data, they are more likely to die from smoking-related diseases than whites. Black men have the highest rates of lung cancer in the U.S.
What To Watch For:
The Biden Administration is still considering federal action that would require tobacco companies to lower the nicotine level in cigarettes, according to the Washington Post.
Tangent:
Dr. Scott Gottlieb, the first FDA commissioner appointed by former President Trump, announced in 2018, the agency would ban menthol cigarettes. However, Sen. Richard Burr (R-N.C.) succeeded in convincing the Trump administration to back off in 2019 after sending oversight letters to the FDA every week for months to “tie up” Gottlieb’s staff, according to the New York Times. Burr’s two sons work for the country’s largest tobacco companies, R.J. Reynolds Tobacco Co. and Altria, which owns Philip Morris.
Further Reading:
Menthol Cigarettes Kill Many Black People. A Ban May Finally Be Near. (NYT)
Biden administration expected to announce plan to ban menthol cigarettes (WaPo)
