On April 26, despite bi-partisan support and recommendations from public health partners, federal action to remove mentholated commercial tobacco products from the market was postponed. For years, CADCA, along with other public health partners, have advocated for restrictions on the sale of all flavored commercial tobacco products, including menthol. This setback in federal action is a reminder of the critical importance of local and state action in creating safe and healthy communities.

Today, we are highlighting a call to action from one of CADCA’s partners, the Center for Black Health and Equity. The Center and CADCA’s Geographic Health Equity Alliance are 2 of 9 CDC funded national networks which work together to eliminate commercial tobacco-related health disparities across the nation. For years, The Center has been at the forefront of fighting the predatory practices that the commercial tobacco industry has instituted in African American communities and encourages public health advocates and state and local governments not to wait on a federal ruling and instead take action today.

The Center for Black Health and Equity’s Position on Menthol

Eliminating the sale and predatory marketing of mentholated tobacco products in Black communities will lead to health equity.

In African American communities, the tobacco industry is known for offering free cigarette samples at neighborhood gatherings, overwhelming convenience stores with tobacco advertising, discounting menthols and e-cigarette starter packs, and providing sponsorship dollars to our most iconic cultural events, educational institutions, and civic leaders. To boot, they have appropriated our culture, masterfully associating menthols with our celebrities, our music, and our sense of cool. We believe that the tobacco industry’s concerted effort to saturate our communities with their deadly products has led to more intense nicotine addiction among African Americans and has had the effect of “buying silence” when the issue of tobacco control is raised. Advocates and allies must fill the gaps left open by tobacco control regulators to stand against targeted, predatory marketing.

It is our recommendation that states and localities:

• Eliminate predatory marketing practices to vulnerable populations including dense advertising, discounts, and e-cigarette sampling in focus communities.
• Provide counter-marketing education to youth engaged in civic leadership activities.
• Reduce reliance on tobacco industry funding by creating opportunities for economic development for historically disinvested communities.

Reject the tobacco industry’s attempt to co-opt African American voices and position itself as a thought leader in our community.

Since the Civil Rights era, the tobacco industry has promulgated the idea that an African American’s choice to smoke is closely tied to his or her independence and personal freedom. This manipulative tactic has since evolved connecting a ban on menthol to the criminalization of African Americans. Because tobacco has played a peripheral role in the recent murders of young African Americans at the hands of White police officers, the tobacco industry has begun to advocate for social change in this area. However, it should be understood that the industry is covertly promoting its own policy agenda to keep menthols on shelves. They have used respected African American civic leaders to host events and have claimed to honor Black Lives while denying responsibility for the 40,000 Black deaths they cause each year.   Indeed, there is no evidence to support the idea that a ban on menthol will result in over-policing. This convoluted and false perspective.

It is our recommendation that communities:

• Break all ties with tobacco industry executives taking interest in policing or social justice issues impacting African Americans.
• Continue to educate African American civic leaders about the history of tobacco and African Americans, health disparities, and policies that contribute to health justice.
• Develop carefully constructed menthol-related policies that explicitly place the legal burden upon retailers rather than consumers.

The issue of menthol must be viewed through the lens of racial equality and addressed through the work of restorative justice.

Historically, the public health community has not prioritized African Americans in the move toward a healthier, tobacco-free society.

Both the Tobacco Products Scientific Advisory Committee and the Food and Drug Administration have concluded that removing menthol from the marketplace would have a significant public health impact and save thousands of African American lives.  Yet, we have seen little movement here. Conversely, when recommendations are made that protect similarly vulnerable populations such as Caucasian youth, swift action is taken to enact strong, proactive policies.  It is clear that there is a general apathy toward African Americans that is likely rooted in America’s history of racism.

It is our recommendation that public health advocates:

• Seek to support cessation efforts by supporting culturally competent resources that acknowledge America’s history of slavery and racism.
• Align tobacco-related policies with legislative efforts designed to eliminate social inequalities.
• Engage African American public health advocates and thought leaders in both policy and community health outreach efforts.