Help Ban Lethal Menthol Loophole

HELP BAN LETHAL "RACIST" LOOPHOLE
FROM FDA CIGARETTE REGULATION BILL

Action on Smoking and Health (ASH), America's first antismoking organization, urgently needs YOUR help to prevent the passage of a bill which, as it now stands, contains a lethal "racist" loophole which could lead to the deaths of many African Americans as well as others. ASH has taken no position on the bill as a whole.

The bill [[HR 1108 in the House of Representatives and S 625 in the Senate] would give the Food and Drug Administration [FDA] what has been described [by the Tobacco Control Task Force, American Association of Public Health Physicians] as "limited authority to regulate manufacturing and marketing of tobacco products in a way that would give the image of effective regulation while not reducing Marlboro cigarette sales or profits."

While the bill would ban the use of virtually all substances (e.g., clove, peppermint) used to flavor cigarettes , and to mask the harsh taste most young children experience when they first try smoking, the bill exempts menthol. But menthol is used overwhelmingly be African Americans, and makes it much harder for users to quit smoking once they get hooked.

That's why this lethal "racist" loophole is being condemned by the Congressional Black Caucus, the National African American Tobacco Prevention Network, many former HHS Secretaries, and now by ASH [SEE LETTER BELOW]. Of the loophole it has been said:

“the bill caves to the financial interests of tobacco companies and discriminates against African Americans—the segment of our population at greatest risk for the killing and crippling smoking-related diseases. It sends a message that African American youngsters are valued less than white youngsters.” [ LINK ]

"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." [ LINK ]

For more information, please check out ASH's letter BELOW or the links below.

HOW YOU AND YOUR [ANTISMOKING OR OTHER] ORGANIZATION CAN HELP:

■ 1. Take just one minute to click on this link [ menthol@ash.org ] and send a brief email message to key Members of Congress asking them to OPPOSE any cigarette regulation bill [HR 1108, S 625] which contains a lethal "racist" loophole.

Because of restrictions (and the ineffectiveness) of blanketing Members of Congress with mass emails, ASH will take each email sent to this special email address and forward it to Members who will play a key role in deciding the fate of this loophole.

It helps (but is NOT required) that individuals identify themselves at least by full name, and city & state. Any organization sending an email should of course fully identify itself by name, complete address, email address, and web site if appropriate.

Please feel free in composing your own email to borrow from ASH's letter below to the extent you wish. You may also wish to quote -- and/or use information -- from any of the news links below.

■ 2. Use this link to get to web pages allowing you to send the same email to your TWO (2) U.S. Senators and ONE (1) Representative (House Member) - THREE (3) QUICK BUT SEPARATE EMAILINGS.

If a form for communicating with your Senator or Representative is provided on line, please be sure to enter your street mailing address -- including city, state, and ZIP -- to verify that the legislator does represent you.

If the links send you to a standard email form, please put the following at the very top of your email message:
"CONSTITUENT EMAIL FROM: Your Name, Your Mailing Address, Your City, Your State, Your ZIP"

■ 3. Take just another minute to place a call to each of their offices. Tell the person answering the phone that you OPPOSE the FDA cigarette regulation bill [HR 1108, S 625] containing the lethal "racist" loophole.

You can use this same link to get each legislator's direct-dial phone number in Washington, and a brief telephone call will cost you very little.

However, you can also use this same link to get the telephone number of the district office of each of your three legislators by clicking on the legislator's NAME on the left. Calls to these offices should be free local calls.

WHAT IS LIKELY TO HAPPEN

If enough people of good will and of all races send emails and call, the bill will probably be delayed in order to get this lethal "racist" loophole out.

When the bill is brought up next year with a new president and a changed Congress, it can be made much stronger because:
* it will probably NOT face a presidential veto as it does now, forcing many weakening compromises to assure passage
* the new members of Congress are likely to be less reluctant to regulate Big Tobacco
* it may no longer be necessary to curry the support of Philip Morris by granting the tobacco giant major concessions

Menthol Loophole Would Hurt African-Americans, Atlanta Journal-Constitution

Text of Letter to Senators on Menthol Exemption for Cigarettes, New York Times

Opposition to Method Cigarettes Grows - New York Times

Should Menthol Cigarettes Be Banned - The Daily Voice

Consequences: Study Shows Menthol Makes Habit Tougher to Quit - New York Times

A COPY OF ASH'S LETTER TO KEY MEMBERS OF CONGRESS APPEARS BELOW [with some footnotes omitted]

As Americas first antismoking organization, and one which for 40 years has served as the “legal action arm of the antismoking community,” we write to express our outrage and opposition (and the growing opposition of many other antismoking organizations) to H 1108, S 625 which, while prohibiting virtually all other flavorings for masking the harsh taste of cigarette smoke to children,{1} nevertheless uniquely exempts menthol – the flavoring overwhelmingly favored by African Americans, {2} and apparently a major factor in their continued enslavement to nicotine.

We are equally outraged that such an exemption was apparently negotiated in secret with a tobacco company for 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.

Although ASH both consists of and serves many different ethnic groups, we share 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.

ASH also shares the very strong objections by the Congressional Black Caucus, as well as many former HHS secretaries and others who recently said that “the bill caves to the financial interests of tobacco companies and discriminates against African Americans—the segment of our population at greatest risk for the killing and crippling smoking-related diseases. It sends a message that African American youngsters are valued less than white youngsters.”[emphasis added]

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." [emphasis added]

This bill is primarily supported by the Campaign for Tobacco Free Kids, American Cancer Society, American Heart Association, and possibly the American Medical Association {3} (but only one of these devotes most of their concern and resources to smoking), but you should not assume that their position represents a consensus among the antismoking community.

Indeed, many in Congress will remember when a similar secret deal, then one to grant the tobacco industry federal immunity from law suits – and backed by the Campaign for Tobacco Free Kids, the American Cancer Society, and the American Heart Association – went up in smoke in part because of opposition from hundreds of smaller antismoking organizations; the very ones which were shut out of participation in these negotiations on the menthol loophole and other important issues.

The major substantive (non-political) arguments in favor of granting menthol a unique exemption from regulation are, as former HHS Secretary Louis W. Sullivan put it, “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,"{4} said Sullivan, who led the successful opposition to a new R.J. Reynolds menthol cigarette called “Uptown” specifically targeted at black consumers.

The political argument for exempting only menthol – as virtually everyone admits – is to curry favor and support from Philip Morris, which makes the second most widely sold menthol cigarette.

But 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. Delays caused by the removal of this exemption are likely to postpone final consideration to the next Congress with many new members far more supportive of legislation to protect public health

Also, 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 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 [see above] 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.

We believe that the other substantive arguments against passing a bill with a menthol loophole have been made very effectively in the attached articles. Also, please note that while ASH expresses its very strong objection to the menthol loophole, it takes no position whatsoever on the bill without this provision. Please feel free to contact us for any assistance we can provide.

{1} “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.” Menthol Loophole Would Hurt African Americans, Atlanta Journal-Constitution [6/5/08]

(2} Although the primary victims to date of using menthol in cigarettes to mask the taste – and especially the harsh initial taste of smoke to children just starting – the effect of the menthol loophole may be more far reaching, affecting many Whites also. “Today, R.J. Reynolds is test-marketing a new product called Camel Crush, a ‘menthol-on-demand’ cigarette where the smoker can bite down or crush the menthol capsule in the filter to give them anywhere from a small burst to an extreme rush of menthol flavor —- the perfect mask for tobacco's harsh flavor and a cynical ploy to entice young smokers.” Ibid.

{3} The American Medical Association apparently remains a supporter of the bill, but only because the group refused requests from its own membership to debate whether it should support the menthol loophole. “Normally, the nation's largest organization of doctors probably would agree that [this bill will be discriminatory against African-Americans]. But in this case, the AMA president and many delegates support the menthol exemption pushed by the cigarette industry. The AMA voted Tuesday to refer the decision on menthol to its board, effectively silencing the doctors who wanted the organization to speak out against the exemption.” AMA Takes No Action on Tobacco Bill Challenge, AP [6/17/08] [emphasis added]

{4} "’If you immediately withdrew a product so many people use and are addicted to, you can't say for certain what the reaction would be,’ Myers [of Tobacco Free Kids] said. It might cause people to quit smoking, he said, but it might also lead to illegal trafficking in menthol cigarettes or other behavioral changes.
‘Would these smokers look to get their fix from other nonmentholated cigarettes or would they start to use another substance?’ asks an issue paper circulated by the Campaign for Tobacco-Free Kids. The document states the organization's position that menthol should not be immediately banned because it ‘would negatively impact the public's health.’"