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The FDA was given the authority by Congress to regulate tobacco in legislation passed in 2009. Although the law specifically outlawed flavorings such as candy, spice and fruit,[link widoczny dla zalogowanych], which might be especially appealing to youth, it left it to the FDA to assess whether menthol flavoring should remain legal.
"Over time, the company has been a member of organizations such as trade groups, chambers of commerce and other organizations," a spokesman for the company said. "Given what is at stake,[link widoczny dla zalogowanych], it's only natural that we support them in their firmly held beliefs."
Since Newport menthols make up the vast majority of Lorillard cigarette sales, the company may fear a "doomsday scenario if menthol gets banned and they can't keep a majority of their customers," according to Philip Gorham, an analyst with Morningstar, Inc.
Health advocates in the black community dismissed such public relations efforts. For example, Dr. Louis Sullivan, U.S. health secretary under the first President Bush, was "very disappointed and very distressed" because African-American groups were being "used by tobacco companies."
([link widoczny dla zalogowanych]) Lorillard, Inc.,[link widoczny dla zalogowanych], the third-largest tobacco maker in the U.S., is fighting to stop the Food and Drug Administration (FDA) from banning menthol in cigarettes, The Wall Street Journal reported Jan. 5.
"African-Americans like their [link widoczny dla zalogowanych],[link widoczny dla zalogowanych], and there is no reason why they should not be allowed to have them," he said.([link widoczny dla zalogowanych])
Possible FDA Ban on Menthol Cigarettes Haunts Brand Leader
An FDA advisory committee, the Tobacco Products Scientific Advisory Committee, will make its recommendations on menthol in March. The agency may recommend responses less stringent than a ban, such as restrictions on advertising.
Federal survey data from 2009 showed that 45 percent of smokers between 12 and 17 use menthols, and about 80% of African-American smokers prefer menthols to other brands.
Lorillard and other opponents of an FDA ban on menthol argue that jobs are at risk, and that a black market for menthol cigarettes would remain if menthol cigarettes were outlawed. To head off a ban,[link widoczny dla zalogowanych], the company has moved aggressively to dominate public discourse on the topic. According to The Wall Street Journal, it has bought Internet domain names potentially critical of menthols,[link widoczny dla zalogowanych], such as MentholKillsMinorities.com, MentholAddictsYouth.com, FDAMustBanMenthol.com, KillerMenthol,[link widoczny dla zalogowanych], BanMenthol and MentholKills.
The company set up pro-menthol Twitter and Facebook pages as well as UnderstandingMenthol.com, where, The Wall Street Journal reported, it "frequently links to articles that include quotes or are written by groups that oppose a menthol ban and present reasoning similar to its own."
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Lorillard also hired a PR firm to gain media exposure for prominent African-Americans opposing a ban. For example, one of the firm's consultants placed the spokesman for the Congress of Racial Equality, Niger Innis, on radio programs to discuss menthol. He objected to a possible ban because "you are taking away a legal preference and choice for African-Americans," and because a black market could create "another vehicle of criminality in the African-American community."
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[link widoczny dla zalogowanych]
Some health advocates said that menthol, which is drawn from mint plants and creates a cooling sensation in the mouth and throat, is attractive to youth because it covers up the harsh taste of cigarettes. They also say that it is appealing to African-Americans,[link widoczny dla zalogowanych], "who have long been a target of menthol marketing campaigns," according to The Wall Street Journal. ([link widoczny dla zalogowanych])
A 2010 report from the Centers for Disease Control and Prevention found that African-Americans suffered disproportionately from smoking-related disease, compared to other racial and ethnic groups. Further,[link widoczny dla zalogowanych], while only 20.6 percent of all Americans smoke,[link widoczny dla zalogowanych], 21.3 percent of black adults do.
The same consultant submitted a pro-menthol editorial under the byline of Harry C. Alford,[link widoczny dla zalogowanych], the CEO of the National Black Chamber of Commerce. Lorillard contributes $35,[link widoczny dla zalogowanych],000 in yearly dues to the organization. Alford said the editorial "was not in any way influenced" by that relationship.
Menthol cigarettes make up about 30 percent of industry sales. Lorillard -- not the only tobacco company against a menthol ban -- makes Newport, the leading brand. Newport menthols have driven an increase in the company's market share, from 9 percent in 2001 to 13 percent in the third quarter of 2010,[link widoczny dla zalogowanych], even as overall domestic cigarette sales declined.
Lorillard would not comment on whether it had contributed financially to organizations that supported its point of view.
The FDA is not bound by the committee's recommendations and has no deadline to act.
Posted by Bill Godshall on 14 Jan 11 05:46 PM CST
Those advocating a menthol cigarette ban are NOT public health advocates, but rather are tobacco prohibitionists who deceitfully claim to be health advocates (just as the alcohol and marijuana prohibitionists falsely claimed to be health advocates). Regardless,[link widoczny dla zalogowanych], the FDA isn't going to ban menthol cigarettes because the scientific evidence has consistently found that menthol and nonmenthol cigarettes are similarly addictive, as difficult to quit, and as hazardous. But if menthol cigarettes were banned, it would create a huge black market of untaxed and unregulated for menthol cigarettes, which is the last thing the urban black community needs. The violent gangs that now sell crack, heroin and meth would quickly seize control of this black market, which would create even more violence. Besides, if the FDA proposed a ban on menthol cigarettes, the National Governors Association and the National Conference of State Legislatures would quickly end that proposal, as states would lose lots of tax revenue and settlement funds.

Posted by Brinna Nanda on 17 Jan 11 08:24 PM CST
Back in the day, when I used to smoke tobacco, menthol cigarettes were my choice. I disliked the taste of "normal" cigarettes. That menthol "taste" was the reason I kept on polluting my lungs. Finally, I woke up. Yes, no one likes their "toys" taken away,[link widoczny dla zalogowanych], (and I probably would have screamed if my mentholated cancer sticks had been banned) but if the government wants to continue with the pretense that there is some true concern for public health over business interests,[link widoczny dla zalogowanych], then a ban on menthol makes a lot of sense.

Posted by marsha on 18 Jan 11 03:37 PM CST
you know,[link widoczny dla zalogowanych], aren't you guys getting tired of trying to put bans on everything! If it were up to you we wouldn't have rights at all!! That is not what our founding father's gave them to us for.([link widoczny dla zalogowanych])