2008-07-06 10:20:39 - The exemption of menthol from the long list of other flavors (like clove and peppermint) which would be banned under a new bill giving the FDA authority to regulate cigarettes is "racist," according to Black lawmakers and health advocates, so America's first antismoking organization is urging Congress not to act on the bill until this "racist and lethal loophole" is removed; a step which could make the bill far stronger since there would be no presidential veto and a more pro-regulation Congress.

Many former HHS Secretaries have written to say that the exemption in the bills [HR 1108, S 625] "caves to the financial interests of tobacco companies and discriminates against African Americans . . . It sends a message that African American youngsters are valued less than white youngsters.'

Or, as former HHS Secretary (and former ASH Trustee) Dr. Louis W.

Sullivan bluntly stated: "If we're banning things such as clove and peppermint, then we should ban menthol, . . . 'If it doesn't happen, this bill will be discriminatory against African-Americans"

Action on Smoking and Health (ASH) adds that "sacrificing African American children to mollify the largest killer of Blacks in the U.S. is nothing short of grotesque and obscene, and may well be counterproductive and totally unnecessary. . . . passing the bill with the menthol loophole is racist (or at least racially insensitive). "

ASH also objected that "such an exemption was apparently negotiated in secret with a tobacco company to gain its support, and with virtually no input from individuals and organizations with both a special interest and a unique perspective on African Americans, public health, and cigarettes."

ASH shared the concern of William S. Robinson, executive director of the National African American Tobacco Prevention Network, who said 'our constituents across the country are just livid' at being excluded from any representation in negotiations on the menthol loophole in the bill.

The principle group sponsoring it, which apparently negotiated its terms largely in secret, claimed that removing menthol "would negatively impact the public's health," a claim Sullivan says is "poppycock.'

"That's the kind of statement I would expect to be issued by a tobacco company, not a health-advocacy group working to ban flavorings from cigarettes," said Sullivan, who led the successful opposition to a new R.J. Reynolds menthol cigarette called 'Uptown' specifically targeted at Blacks.

The menthol loophole also targets children, says public interest law professor John Banzhaf, Executive Director of ASH.

As he quotes in ASH's letter to leaders on Capitol Hill: "Tobacco companies know one of the most effective ways to boost sales is to make cigarettes more palatable to first-time smokers, notably children and teens, by disguising the unpleasant taste of inhaled smoke and adding a fresh, minty flavor and cooling effect.'

Thus, permitting menthol to remain in cigarettes is likely to lead to far more children -- Whites as well as Blacks -- becoming addicted to nicotine, and ultimately dying unnecessarily."

Cigarette companies are so confident of winning an exception for menthol that at least one manufacturer is test marketing a new brand called "Camel Crush." It contains a menthol capsule so that a smoker can bite down and completely mask the harsh taste of tobacco smoke.

Sullivan calls it "the perfect mask for tobacco's harsh flavor and a cynical ploy to entice young smokers," and ASH condemns this underhanded tactic to trick young children into getting hooked.

ASH suggests in its letter to key members of Congress that the short delay to get the menthol loophole out of the bills would provide a number of advantages, since it would almost certain push to matter to the next Congress when there are likely to be far more pro-regulation legislators, are no threat of a presidential veto as there is now.

"While President Bush has threatened to veto any bill giving the FDA jurisdiction to regulate cigarettes - thereby requiring a veto override, and giving opponents of effective regulation even more bargaining power - both major presidential candidates seem much more supportive of the bill, thereby making it easier to pass one which is even more effective, and with no menthol loophole."

"In short, waiting until the next Congress is likely to strengthen the hand of those seeking to protect children and others from the ravages of cigarettes, avoid the suggestions that passing the bill with the menthol loophole is racist (or at least racially insensitive), provide an opportunity for more participation by the entire antismoking community (not just a few behemoths), and perhaps for less participation and less undue pressure from the most deadly company on earth."

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