Tag: menthol

Second Lawsuit for Menthol Inaction

U.S. health groups filed a second a second lawsuit against the Food and Drug Administration for the agency’s inaction on banning menthol cigarettes. The case comes more than seven months after the FDA’s initial date for finalizing the new rule.
“The relentless and racist tobacco industry targeting has killed too many members of the Black community,” said Carol McGruder, co-chair of the African American Tobacco Control Leadership Council, which filed the suit along with Action on Smoking and Health and the National Medical Association. “If Black lives truly matter, then we must end the sale of menthol cigarettes and do it now.”
The plaintiffs’ first lawsuit was filed on June 17, 2020. The initial complaint sought to compel the FDA to act on its earlier conclusions that removing menthol cigarettes from the marketplace would benefit public health. The lawsuit asked the court to compel the FDA’s determination on whether to add menthol to the list of prohibited characterizing flavors—a determination that the FDA delayed making for over 10 years. The joint lawsuit followed the 2013 Citizen Petition from the Public Health Law Center, which called on the FDA to prohibit the sale of menthol cigarettes.
“We’re extremely disappointed to be forced to file this second lawsuit against the FDA in support of protecting Americans from menthol cigarettes,” said Laurent Huber, executive director of Action on Smoking and Health, in a statement. “The FDA’s own research confirms that a menthol ban would save lives; there is no scientific reason to delay finalizing this rule.”
In 2011, the FDA’s scientific advisory committee concluded that the “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.”
As a result of the plaintiffs’ first lawsuit, the FDA made the landmark determination to add menthol to the list of banned characterizing flavors in cigarettes. To begin that rulemaking process, the FDA issued a Notice of Proposed Rulemaking to ban the sale of menthol cigarettes in the marketplace. In response, the plaintiffs voluntarily dismissed their initial lawsuit.
After setting an initial date of August 2023 to issue its menthol rule, the FDA has unreasonably and unlawfully delayed this life-saving rule, according to the plaintiffs.
“As African American physicians, we are deeply disturbed at the continuing delays in FDA’s finalizing of the ban on menthol cigarettes,” said Yolanda Lawson, president of the National Medical Association. “Our patients, more than any other group, become disabled and die prematurely due to the continued use of these cigarettes,” she said.
The plaintiffs accuse the Biden Administration of falling for “disinformation and fear-mongering” by the tobacco industry. “The industry is sowing doubt and confusion and taking advantage of real issues in our country and claiming that removing menthol will harm Black lives, when just the opposite is true,” the groups wrote in a statement. “We remain disheartened to be forced to call on the Biden Administration to prioritize human life.”

April 2, 2024
Organizations Urge Biden to Ban Menthols

Image: Margarita

A total of 123 civil rights, public health, medical, faith, youth-serving and other organizations placed a full-page ad in The Washington Post and issued a joint statement urging the Biden administration to issue final rules this month to prohibit cigarettes and flavored cigars to meet a deadline the administration set in December, according to the Campaign for Tobacco-Free Kids.
The ad and joint statement underscore the support across the nation for the U.S. Food and Drug Administration’s proposed rules to eliminate menthol cigarettes and flavored cigars, including from organizations representing populations that have been targeted by the tobacco industry and disproportionately harmed by these products.
“President Biden, we stand united,” the ad reads. “Act now to eliminate menthol cigarettes.”
“These rules are supported by overwhelming scientific evidence, they will have enormous benefits for our nation’s health and they are critical to achieving top priorities of the Biden administration, especially the president’s Cancer Moonshot and the administration’s commitment to promoting health equity,” the joint statement reads.
“We were deeply disappointed in December when the administration delayed issuing these long-overdue rules. As tobacco use is the leading cause of preventable death in the United States, killing nearly half a million Americans every year, any further delay in issuing the final rules will result in needless disease, suffering and deaths. The administration must stand up to the tobacco industry and act now to save lives.”

March 21, 2024
Chilling Effects

Image: Jolita Marcinkene

Is a menthol ban appropriate for the protection of public health? Hopes, concerns and a reality check

By Cheryl K. Olson

Is a U.S. menthol ban finally coming? The 2009 Tobacco Control Act exempted menthol cigarettes from its blanket ban on candy and fruit flavors. Menthol was left out, according to CNN, due to “serious lobbying from the industry.”
As the Washington Post reported, plans to finalize the rule have been made—and postponed—multiple times by the Biden administration. The announcement of a finalized rule was planned for this month.
The Food and Drug Administration first announced its “proposed product standards to prohibit menthol as a characterizing flavor in cigarettes” back in April 2022. The stated purpose? To reduce appeal to and experimentation by youth that will lead to regular smoking addiction and to reduce disease and death among adults via fewer cigarettes smoked and more quitting. A ban is also “expected to reduce tobacco-related health disparities.” The ban would target making and selling not individual possession or use.
Concerns that banning menthol could exacerbate waning enthusiasm for Biden among Black voters appears to be one factor behind the delay. (Hoping to capitalize on this, one conservative group is reportedly testing menthol-focused ads on Black South Carolina primary election voters.) Four in five Black adults who smoke report choosing menthols.
The National Association for the Advancement of Colored People, a venerable advocacy organization for Black Americans, supports a federal menthol ban. In a Jan. 12 press release, its senior vice president of global policy called out “the relentless predatory marketing of menthol-flavored cigarettes, [which] has inflicted devastating consequences on Black communities.” This included ads in Black-oriented media, such as Ebony magazine, and sponsored events, such as the Kool Jazz Festival.
Other organizations, such as Reverend Al Sharpton’s National Action Network, have argued against singling out menthol for a ban. Sharpton has expressed concern that a menthol focus could increase over-policing of Black communities, pointing to the New York City police killing of Eric Garner, who was suspected of selling “loosie” untaxed cigarettes.

“The illicit market is always open and doesn’t check IDs.”

Why Menthol?

In the U.S., menthol has been added to cigarettes for at least 100 years, at times promoted as throat-soothing for coughs and colds. National government surveys find that, as smoking rates overall trend down, the proportion of menthols smoked has crept up.
These surveys show that menthol smoking is disproportionately higher among subgroups of people regulators consider disadvantaged or vulnerable. This includes Black and Hispanic adults who smoke, young adults, women and persons reporting serious psychological distress.
Concern that menthol may be a drag on cessation rates has boosted support for a ban. Because it reduces irritation, menthol may make it easier to start smoking. It’s used more often by people who smoke intermittently or experimentally. Researchers have called for more studies to parse and prove a causal role for menthol in increasing smoking and deterring quitting.
In this century, smoking rates have been stagnant among African-American adults who smoke. A 2020 analysis of U.S. studies did not find an overall effect of menthol on smoking cessation but did find that among African-Americans who smoked, use of menthol was linked to 12 percent lower odds of quitting.
Can bans help people quit smoking? To some degree, yes. Pooled results from a 2024 systematic review and meta-analysis of English-language menthol ban studies found that 24 percent of those who smoked menthols had quit cigarettes a year or two later. But results varied widely; bans took place under a variety of conditions, and most of the studies included had small or unrepresentative samples.
For example, a survey of San Francisco’s ban of menthol and other flavors in all tobacco products found decreased flavored e-cigarette and cigar use and a slight uptick in smoking. The study used a small convenience sample of 247 young adults. Even rigorous economic studies of bans admit to trouble tracking illicit and cross-border sales and other workarounds.
Regulators are aware of the need for better research. The FDA recently awarded a $3.6 million grant to researchers at the Medical University of South Carolina to study whether banning menthol in cigarettes (and e-cigarettes) would increase quitting or switching. Meanwhile, Rutgers University received two grants totaling $7 million via the National Institutes of Health to study anticipated “disinformation” from industry, aimed at Black and Hispanic young adults, that could “undermine the impact of a ban on menthol cigarettes and flavored cigars.”

What Could Go Wrong?

The FDA expects minimal illegal trade in event of a ban. Richard Marianos disagrees. He is a retired assistant director at the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and a faculty member at Georgetown University. Marianos says banning products creates crime.
Illicit sales of individual cigarettes and contraband packs are already problematic, in part because taxes have driven up costs. Marianos showed me photos of several men, one with a gun in his waistband, at an illegal sales spot outside of a Washington, D.C., Metro station.
“People come off the train, buy four loosies from the spot, then ration them out during the day,” he says. “You can get your marijuana, your cocaine and your Newports.”
The flavor ban in California has sparked increased robberies of convenience stores across the border in Arizona, according to Marianos. “A pack of menthol cigarettes that they can steal and sell for $2 apiece at the spot derives a greater profit than a cash register robbery,” he says. “I have videos of crews hitting a Circle K or Wawa, jumping over the counter, sticking up the clerk and—like Santa—putting the cigarettes into a gigantic tarp and taking off.”
A Canadian study of intended and unintended effects of their menthol ban found that many people purchased menthols on First Nations reserves, where the ban did not apply. Marianos expects that Native American reservations in the U.S. would similarly help meet demand.

The practical path forward for advocates of an enforceable menthol cigarette ban is to actively promote harm reduction.

Menthol Workarounds

The assumption by many tobacco control advocates that Big Tobacco will sabotage menthol bans overlooks the likely ingenuity of individuals. Marianos described one case he ran across: “A guy was going on eBay and buying menthol crystals, spraying regular cigarettes in his basement and then selling them on the corner as menthols.”
Noting that products to alter cigarette characteristics are illegal under the proposed rule, “FDA does not anticipate a substantial number of individuals would utilize such products.”
Researchers have documented sales of flavor cards and menthol drops in Canada and various flavor accessories in the European Union to circumvent their menthol bans—predictably leading to calls to ban those items too.
“The illicit market is always open and doesn’t check IDs,” notes Nicholas “Grimm” Green, a YouTuber and tobacco harm reduction advocate. “As long as $10 ‘menthol injectors’ exist on Amazon, the idea of a menthol ban is silly.”
That’s not to say that companies won’t do their part to circumvent a menthol ban. “Tobacco companies have already introduced nonmenthol-menthol cigarettes into the market in California,” says Green. Further, enforcement is lax. “Menthol disposable vapes are available at almost every gas station and head shop in the state,” he adds.
The California ban, approved by voter referendum, went into effect in December 2022. It covers not just menthol cigarettes but nearly all flavored nicotine products. Researchers have found synthetic cooling agents that give menthol-like effects in cigarettes sold in that state. A journalist from STAT News found widespread sales of flavored products, even in cities that had their own longstanding flavor bans.

Legal Hurdles

If the menthol rule comes to pass, store shelves aren’t immediately cleared. Flavor bans enacted by states can take effect within months. Because the proposed federal ban comes out of the FDA’s complex rule-making process, it could take years.
“If they publish that rule on a Monday, the next day, you’ll see a legal challenge filed to prevent it from ever going into effect,” says Jeffrey Weiss, partner at Flagstaff Ventures and formerly chief engagement officer and general counsel at Njoy.
He predicts a dead-end fate for the menthol ban, similar to that of the final rule requiring graphic health warnings on cigarette packs. Why?
U.S. law requires that adoption of tobacco product standards must be appropriate for the protection of public health. In supplementary information to the proposed menthol rule, the FDA cites research, including population models and expert opinions, on what is expected to happen after a menthol ban.
“They model that a certain percentage will switch to tobacco cigarettes, a percentage will buy black market menthol cigarettes, a percentage will quit and a percentage will switch to an e-cigarette, primarily menthol,” Weiss says. “But that model doesn’t actually exist—in the sense that there are no authorized menthol e-cigarettes for smokers to switch to.”
Post-ban, more menthol users are expected to switch to menthol e-cigarettes than to quit using tobacco. In sum, much of the health benefit from banning menthol is supposed to come via unauthorized product use. Products that are themselves banned in a growing number of states and localities.
Regulators are not unaware of this conundrum. FDA Commissioner Robert Califf has publicly expressed concern about the difficulties that people dependent on menthol cigarettes will face if the products are taken away. For example, he remarked at a 2023 Congressional budget hearing, “[W]here do they [menthol users] go to get help, coming off of a terrible addiction? Our healthcare systems are not set up to deal with that right now.”
What about evidence for a menthol ban preventing harm to youth? The respected nationally representative Monitoring the Future study found that past-month menthol and nonmenthol cigarette use by non-Hispanic black teens is now less than 1 percent. It’s fallen so low in recent years that “prevalence levels approach a floor effect.” Moreover, today’s Black adolescents use menthol cigarettes at lower levels than non-Black youth.

A Better Way?

Given the high risk of unintended effects and the limited certainty of benefits, is a menthol ban our best plan? “It would be best if the government would think first in the direction of ‘how can we affirmatively help people make positive change?’” Weiss says. “Because prohibitions are hard and costly to enforce.”
The lack of authorized reduced-harm menthol or mint products is just part of the problem. Another is the FDA’s limited and ambivalent reduced-risk communications.
Weiss points to the FDA’s routine tweeting of its one-page list of 23 authorized e-cigarette products. At the bottom of the page is a disclaimer: Being authorized “does not mean that these products are safe nor are they ‘FDA approved.’ All tobacco products are harmful.”
“If you want a current menthol smoker who can’t completely quit to switch to a regulated reduced-harm product—how are they going to do that when you’re telling them that none of these products are safe?” says Weiss. “If it’s an unsafe product, why is that a better choice for me” than a tobacco-flavored cigarette or an illicit menthol one?
Active promotion of reduced-harm menthol alternatives seems a sensible way to limit ban backfires. A rigorous laboratory study of adults who smoked menthol cigarettes daily found that menthol-flavored e-cigarettes outshone tobacco-flavored ones in reducing cigarette cravings—including urges to smoke for pleasure. According to the authors (affiliated with prominent universities), this is a known strong predictor of successful smoking cessation.
The practical path forward for advocates of an enforceable menthol cigarette ban is to actively promote harm reduction. “Encourage FDA to start authorizing menthol e-cigarettes, among other things, so that these smokers would have something to switch to,” says Weiss. “And to make it more likely that a menthol ban could withstand a legal challenge.”

Cheryl K. Olson is a California-based public health researcher who specializes in behavioral health issues and consults on tobacco product behaviors via McKinney Regulatory Science Advisors. She spent 15 years on the faculty of Harvard Medical School.

March 1, 2024
Menthol Ban Would Make Many Quit: Paper

Photo: Alicia

Banning the sale of menthol cigarettes would likely lead to a meaningful reduction in smoking rates, according to a new paper in Nicotine & Tobacco Research, published by Oxford University Press.
Health advocates are concerned about menthol because the ingredient’s cooling effects mask the harshness of cigarettes, making it easier for young people to start smoking. Prior research has also found that menthol in cigarettes makes it easier for smokers to absorb nicotine, which results in greater dependence. According to critics, menthol smokers also find it harder to quit smoking compared to those who smoke nonmenthol cigarettes.
Prevalence rates of menthol cigarette use among cigarette smokers vary globally. Some 7.4 percent of smokers in Europe use menthol cigarettes. In the United States, however, some 43.4 percent of adult smokers used menthol cigarettes in 2020. Menthol cigarettes are disproportionately used by young people, racial/ethnic minorities and lower-income smokers. About 81 percent of non-Hispanic Black smokers in the U.S. use menthol cigarettes, as compared to 34 percent of White smokers. More than 170 U.S. cites and two states, several countries, including Canada, Ethiopia, and the European Union ban the sale of menthol cigarettes.
Researchers here measured the effects of these policies. The investigators conducted a systematic search of studies published in English up to November to discover how menthol bans change smoking behavior. The researchers involved in this study looked at 78 prior studies, mostly from Canada, the European Union and the United States.
The study finds that the effect of menthol cigarette bans are substantial. The results show that while 50 percent of menthol smokers switched to smoking non-menthol cigarettes, almost a quarter (24 percent) of menthol cigarette smokers quit smoking altogether after a menthol ban. Some 12 percent switched to other flavored tobacco products, and 24 percent continued smoking menthol cigarettes. The study also finds that national menthol bans appear more effective than local or state menthol bans, as quit rates were higher in places with country-wide bans.
“This review provides compelling evidence for the U.S. Food and Drug Administration’s proposed ban on menthol cigarettes,” said the paper’s lead author, Sarah Mills, in a statement. “In December 2023 the White House postponed banning menthol cigarettes. Our review of the evidence suggests this delay is causing harm to the health of the public, especially among Black communities. Contrary to industry claims, studies find no increase in the use of illicit products. A menthol cigarette ban would provide the greatest benefits to Black people who smoke. As a result of targeted marketing by the tobacco industry, today every 4 in 5 Black smokers use menthol cigarettes.”

February 23, 2024
Califf Pushing U.S. Menthol Ban: Politico

Photo: FDA

U.S. Food and Drug Administration Commissioner Robert Califf has privately asked friends and public health experts to lobby the White House to ban menthol cigarettes, according to Politico. Califf reportedly fears that President Joe Biden might abandon the policy to avoid backlash from Black voters before the upcoming elections. The minority communities are core to Biden’s voter base.
“Fundamentally, these bold actions are about saving hundreds of thousands of lives each year,” Califf said in 2022, when the FDA first proposed the ban. “Prohibiting menthol in cigarettes would mean over 18.5 million menthol cigarette smokers ages 12 and older in the United States would have a better shot at quitting.”
In October 2023, the FDA finalized its menthol ban policy and submitted it for approval. However, the White House has not given it the go ahead due to pushback from a handful of influential Black industry allies who warn the ban would fuel an underground market, worsen over policing in minority communities and have a negative effect on Biden’s standing among Black voters.
Advocates of the ban fear that the delay means politics will override the urgency of the ban and that Biden will delay implementation until after the November presidential election.
“We’re now in a political season, and it’s only going to get tougher for them to do it,” said Yolonda Richardson, CEO of the Campaign for Tobacco-Free Kids. “All the delays are to the benefit of the tobacco industry. That’s just more time they have to keep them on the street, that much more time to addict kids.”
Recently, Califf has been raising the issue internally in addition to soliciting outside help. He has enlisted senior White House officials and Health and Human Services officials to help advocate for the ban. Califf has also personally pressed senior Biden aides on the decision.
“Everybody’s done what they could do,” said a senior administration official, who was granted anonymity to discuss private conversations. The White House declined to comment, citing a policy against discussing rules before they’re finalized.
“The FDA remains committed to issuing the tobacco product standards for menthol in cigarettes and characterizing flavors in cigars as exponentially as possible, said Michael Felberbaum, FDA spokesperson.
“In the last year of this administration, so many things happen with a lot of pressure to get things finished, and sometimes political pressure comes into play,” said Califf, who has also sought to restrict flavored cigars and wants to mandate lower nicotine levels in all cigarettes and other tobacco products. “A lot of considerations have to be navigated.”
The FDA had initially hoped to finalize the menthol ban before the end of 2023. Now, the FDA has set a new deadline of March for a final rule.

February 16, 2024
Rutgers to Study Menthol Ban Perception

Photo: By Benjamin Clapp

Rutgers University researchers have received more than $7 million to study disinformation and marketing around the proposed U.S. ban on menthol cigarettes and flavored cigars with a particular focus on how the information affects Black and Hispanic smokers, reports The Philadelphia Inquirer.
Kymberle Sterling, associate director for justice, equity, diversity and inclusion at the Rutgers Institute for Nicotine and Tobacco Studies, will lead two studies funded by the National Institute on Minority Health and Health Disparities and the National Institute on Drug Abuse.
According to Sterling, it’s crucial to study how Black and Hispanic smokers, demographic groups that tend to smoke more menthol cigarettes than white individuals, perceive messaging from the tobacco industry around the menthol ban.
Those against the ban worry that it will increase policing of Black communities and businesses while supporters feel that the ban will save lives, especially in Black communities where menthol is prevalent.
“We know that police discrimination among African American communities is a problem,” Sterling said. “However, the tobacco industry is co-opting that and using that real social justice issue as a way to promote fear—and sell their product.”
Sterling’s team plans to use the funding to develop counter-messaging debunking false information and providing facts about menthol cigarettes. The study will look at the effectiveness of the public health campaign over five years. Researchers will also work with community members to educate individuals about the menthol and flavored cigar ban.
“What we would ideally like to do is develop a set of messages that our community partners can disseminate in their community. Once this grant is wrapped up, we don’t want the work to stop because the tobacco industry won’t stop,” Sterling said.
The study will also look at how the tobacco industry reacts once the ban is in place, such as new packaging.
“We’re looking at how young adults are exposed to this repackaging as well as what sort of sociopolitical rhetoric the industry will put out,” Sterling said.

February 13, 2024
White House Postpones Menthol Ban Decision

Image: Marisela

The White House has delayed its decision about whether to ban menthol cigarettes in the wake of fierce opposition from tobacco companies, retailers and other groups, reports The New York Times. The administration had originally planned to have the rule finalized by August 2023 and, later, signaled that the rule would come before the end of 2023. The government’s most recent Unified Agenda—a regulatory “to-do” list—suggests the final menthol rule is now expected in March 2024.
The Food and Drug Administration officially announced its plan to ban menthol cigarettes in April 2022, citing public health concerns. Researchers say the cooling sensation of the menthol flavor makes it easier to start smoking and harder to quit. The FDA estimates that the menthol ban could reduce smoking by 15 percent in 40 years. Studies project that as many as 650,000 smoking-related deaths could be avoided.
In recent months, dozens of groups have met with administration officials to discuss the proposal. Among other concerns, opponents of the measure cite job losses and aggressive police targeting of Black smokers, who tend to favor menthol cigarettes in the United States. An estimated 85 percent of U.S. Black smokers prefer menthol brands, according to market data.
Critics, however, contend that tobacco companies are financing and fueling those fears. “They’re peddling stories—Big Tobacco is—that we’re going to go out and arrest African Americans if they use menthol cigarettes. But that’s not the case at all,” said Senator Richard J. Durbin. The FDA has said that the ban will be enforced at the manufacturers’ level, and not against individuals.
Menthols account for about one-third of the U.S. cigarette market, according to the Federal Trade Commission. Reynolds American Inc. (RAI), which makes the market-leading Newport brand, earns about $7 billion from menthol cigarette sales a year, research by Goldman Sachs shows. RAI has vowed to fight the ban all the way to the Supreme Court, a battle that could postpone implementation of the final prohibition rule for years.
Convenience store, gas station and wholesaler groups predict a loss of $34 billion in sales from menthol cigarettes and snacks and drinks purchased by customers. Some House Republicans have sent letters to the administration warning that the ban could have a disastrous effect on small businesses and that it could encourage cigarette smuggling that would benefit terrorist groups.
Altria spokesman David Sutton said the company was also concerned about illicit sales as well as lost tax revenue and jobs.
“We believe equitable harm reduction, not prohibition, is the better path forward and that the FDA should authorize smoke-free products and encourage adult smokers to transition to a smoke-free future,” Sutton said in an email to The New York Times.
Public health groups were dismayed by the delay of the menthol ban. “This delay not only puts the rules at risk of never being finalized but also represents a significant victory for Big Tobacco’s well-documented exploitative practices, all at the expense of our nation’s public health,” said Kathy Crosby, CEO and president of Truth Initiative, in a statement.
Public opinion polls have shown that about 60 percent of Americans favor banning menthol cigarettes.

December 7, 2023
U.S. Menthol Ban Could Be Pushed to Late 2024

Image: zatevakhin

The expected ban on menthol cigarettes in the U.S. may be pushed to 2024, reports NBC.
The delay could be announced by the Biden administration soon, according to officials from two national public health groups working to remove the products. The groups requested anonymity.
The officials worry that the ban may be pushed as far as after the 2024 November presidential election. One official was “deeply concerned” that the ban wouldn’t be put into effect before the election.
“Everything gets harder to do in an election year because people are distracted and bandwidth is stretched,” the official said.
The White House has not commented on the potential delay.
“The American Lung Association expects the White House to honor President Biden’s commitment to end cancer as we know it through the Cancer Moonshot,” said Erika Sward, assistant vice president for national advocacy at the American Lung Association. Sward said it can’t be achieved until the White House finalizes rules banning menthol products.
“Removing these products from the market is backed by strong scientific evidence and hundreds of thousands of public comments from the public health community nationwide,” said Nancy Brown, chief executive officer for the American Heart Association. “The administration should not delay further in putting these rules into effect.”
The Food and Drug Administration stated that finalizing the rules to ban menthol “remains a top priority.”
“Final rules such as these go through an extensive rulemaking process, including agency review and consideration of public comments, development of the final rule and subsequent review by the Department of Health and Human Services and the White House Office of Management and Budget,” an FDA spokesperson said. The Office of Management and Budget has posted the final rules, which is considered the last step before the bans are finalized, according to NBC.
“People are dying,” one official said. “This will save lives. We have the science and data to prove it. It is long past time to take these products off the market.”
The Biden administration has been holding meetings with the tobacco industry and public health groups to discuss the issue.

December 5, 2023
Menthol Ban Risks Alienating Voters: Poll

Photo: New Africa

A majority of U.S. President Joe Biden’s core voter base opposes the administration’s proposed ban on menthol cigarettes and flavored cigars, reports National Review, citing a poll by Cornell Belcher commissioned by Altria.
Biden’s core voter base is defined as minority voters or nonconservative white voters under the age of 45. Of this group, 54 percent oppose the proposed ban, with each battleground state showing a majority of opposition as well.
“Candidates risk alienating base supporters in battleground states by taking up a cause that most voters oppose and don’t believe to be important,” according to the poll.
Based on the poll, tobacco product bans are at the bottom of voters’ priority list when it comes to the U.S. Food and Drug Administration—opioid abuse, prescription medication and food safety are the top concerns.
“Biden’s core voters are simply not comfortable with the idea of prohibition as a government approach to tobacco,” Belcher’s polling memo says. The majority of voters (74 percent) prefer a harm reduction approach.
“With so many issues more pressing on voters’ minds—issues that voters actually agree with—these bans represent a very avoidable self-inflicted wound that could alienate base supporters in a battleground state,” the memo said. “Adult use of tobacco is far from a top-tier concern, and voters recognize there are more important matters for the president, Congress and the FDA to address. Candidates should not be taking up a cause that most voters oppose, that voters don’t believe to be important and that can get in the way of a campaign’s ability to mobilize supporters.”
The poll was conducted from Sept. 17 to Oct. 10 among 3,021 likely voters in Biden’s “core coalition.” Roughly 600 voters per battleground state were included in the poll.

November 29, 2023
Black Farmers Petition Against Menthol Ban

Photo courtesy of John Boyd

The National Black Farmers Association (NBFA) is calling on the Biden Administration to end its proposed ban on menthol tobacco products, calling it a misguided federal policy that will devastate Black farmers and rural communities. Representing 130,000 members across 47 states, the NBFA has launched a nationwide Change.org petition to rally support.
“The White House is about to hand down another mandate that will put more Black farmers out of business,” said NBFA Founder and President John Boyd Jr. in a statement. “The proposed federal ban targets adult use of menthol tobacco products—the kind of tobacco products preferred and grown by Black farmers. This will rob small towns and businesses of critical income.”
The process to finalize a Food and Drug Administration rule is expected within weeks. If enacted, the ban could lead to widespread unemployment, loss of income and assets, and even the potential extinction of generations of farming families, according to the NBFA. “This is particularly true for Black farmers who are already struggling due to misguided federal policies and a lack of relief or alternatives,” the organization wrote.

The White House is about to hand down another mandate that will put more Black farmers out of business.

John Boyd, president, NBFA

“Few workers have been hit harder in recent years than Black farmers, whose numbers continue to dwindle. In 1910, about 14 percent of U.S. farmers were Black, owning more than 16 million acres. According to the latest available Census of Agriculture data, only one in 100 farmers is black, owning a total of less than 5 million acres.”
The association previously represented 1 million Black farmers across the country, a figure which now stands at over 130,000 across 47 states.
“We know all too well how misguided policies from the federal government have, time and time again, put another nail in the coffin of Black farmers and rural towns across America,” added Boyd. “My members stand on the brink of disaster. We must find a better solution that does not further damage America’s shrinking rural towns or put additional pressure on hardworking farmers. This NBFA petition allows us to speak out—we hope the White House will hear the concerns of generations of Black farmers.”
Beyond the economic impact, opponents of the ban on menthol tobacco products note measure would criminalize the sale, distribution and possession of menthol cigarettes. This criminalization, they warn, could result in mandatory minimum sentences, revocation of parole, fines, the loss of one’s right to vote, or even deportation, among other criminal legal consequences.
A study by Columbia University’s Mailman School of Public Health reveals that 40 percent of adults who use cigarettes smoke menthol and that over 80 percent of Black smokers use menthol.

November 16, 2023