2008-07-10 19:47:00 - One Black and one White former HHS Secretary, as well as the leader the National African American Tobacco Prevention Network, have hand-delivered a scathing letter to Congressman Henry A. Waxman [D-CA] suggesting that a lethal loophole which would permit cigarettes to continue to contain menthol -- but bar other flavorings like clove and peppermint -- "would have the effect of discriminating against the health interests of African Americans."

The letter also says that "African American children and teens will be left to the exploitation of tobacco companies selling menthol cigarettes for many years into the future," that "it is unconscionable to let Philip Morris (or any other tobacco company) have a provision in law that protects their ability to continue to exploit African American teens while the same

law protects other teens from being seduced into smoking by banning other flavorings," and that "African American children and teens will be left to the exploitation of tobacco companies selling menthol cigarettes for many years into the future."

This letter follows similar sentiments being expressed by the Congressional Black Caucus, the National African American Tobacco Prevention Network [which said 'our constituents across the country are just livid' at being excluded from any representation in negotiations on the menthol loophole'], and Action on Smoking and Health (ASH), America's first antismoking organization, which has written to key members of Congress opposing this "racist" lethal menthol loophole. ash.org/menthol

ASH also wrote separately to Waxman, complaining about misrepresentations by those supporting the bill, including bogus arguments which the bill as drafted should not be considered racist. ash.org/menthol2

The letter from former HHS Secretaries Louis W. Sullivan and Joseph A. Califano, Jr. also points out that: "As former Secretaries of Health, Education, and Welfare and Health and Human Services, we recognize, along with the other former Secretaries who signed the June 9, 2008 letter, that because of chronic under funding of the FDA, its chronic lack of sufficient professional staffing and the ability of tobacco companies to delay action in the administrative process and the courts through a myriad of legal strategies, African American children and teens will be left to the exploitation of tobacco companies selling menthol cigarettes for many years into the future".

"FDA's track record with it's already- existing responsibilities, is distressing. Despite the payment of user fees by the pharmaceutical industry, FDA has not been able to issue new drug approvals on a timely basis."

ASH's letter also points out that any delay necessary to remove the lethal menthol loophole might actually result in much stronger and more effective regulation of cigarettes by the FDA since a bill introduced into the next Congress would not have to face a threatened veto by President Bush, a threat which has forced proponents to make major concessions to Philip Morris as well as to other interests opposed to a strong bill.

ASH also points out that the next Congress is likely to be less protective of industry, and more willing to enact responsible regulations to cut the huge $140 billion a year smoking costs the American economy every year.

As former ASH Trustee Dr. Louis W. Sullivan has pointed out: 'Nearly 75% of African American smokers use menthol cigarettes. A recent survey found that among teen smokers, 81 percent of African Americans smoke menthol cigarettes compared to only 32 percent of Whites and 45 percent of Hispanics. We also know that 90 percent of adult smokers are hooked as teens.'

PROFESSOR JOHN F. BANZHAF III
Executive Director and Chief Counsel
Action on Smoking and Health (ASH)
2013 H Street, NW
Washington, DC 20006, USA
(202) 659-4310 // ash.org