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Finished with Menthol: An Evidence-Based Policy Option That Will Save Lives

Published online by Cambridge University Press:  01 January 2021

Abstract

Smoking remains the leading cause of preventable disease and death in the United States, killing approximately 480,000 people each year. This crushing health burden falls disproportionately, and recent CDC data shows that large disparities in adult cigarette smoking remain. One factor in these disparities is the use of flavors. Menthol cigarettes and other flavored tobacco products are used at higher rates by vulnerable populations including youth and young adults, African Americans, women, Hispanics and Asian Americans. This is no accident; the tobacco industry has long targeted these same groups. Given FDA's failure to act to ban flavored tobacco products, states and municipalities are considering taking matters into their own hands to protect their communities from these dangerous products. The authors will explore state and local authority to restrict the sales of these products and review the evidence base indicating that removing flavored tobacco products – and menthol combustible products in particular - from the market would significantly reduce the toll of illness and death caused by these products.

Type
Symposium Articles
Copyright
Copyright © American Society of Law, Medicine and Ethics 2017

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References

U.S. Department of Health and Human Services, The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General (Atlanta, GA: Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014): at Chapter 12.Google Scholar
Id., at Chapter 12.Google Scholar
21 U.S.C.A. § 387g(a)(1)(A).Google Scholar
21 U.S.C.A. § 387g(a)(3)(B)(i)(I-III).Google Scholar
Food and Drug Administration, Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes (2013).Google Scholar
Tobacco Products Scientific Advisory Committee, Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations (Submitted to the Food and Drug Administration March 23, 2011).Google Scholar
Anderston, S. J., “Menthol Cigarettes and Smoking Cessation Behavior: A Review of Tobacco Industry Documents,” Tobacco Control 20 (2011): ii49-ii56.Google Scholar
Kreslake, J. M., Wayne, G. F., and Connolly, G. N., “The Menthol Smoker: Tobacco Industry Research on Consumer Sensory Perception of Menthol Cigarettes and its Role in Smoking Behavior,” Nicotine and Tobacco Research 10, no. 4 (2008): 705-715.CrossRefGoogle Scholar
Ambrose, B. K. et al., “Flavored Tobacco Product Use among US Youth Aged 12-17 Years, 2013-2014,” JAMA 314, no. 17 (2015): 1871-1873.CrossRefGoogle Scholar
Villanti, A. C. et al., “Changes in the Prevalence and Correlates of Menthol Cigarette Use in the USA, 2004-2014,” Tobacco Control (2016): 1-7, at 2.CrossRefGoogle Scholar
See U.S. Department of Health and Human Services, supra note 1.Google Scholar
See Villanti, et al., supra note 11.Google Scholar
Fallin, A., Goodin, A. J., and King, B., “Menthol Cigarette Smoking among Lesbian, Gay Bisexual and Transgender Adults,” American Journal of Preventive Medicine 48, no. 1 (2015): 93-97.CrossRefGoogle Scholar
See Villanti, et al., supra note 11.Google Scholar
Yerger, V. B., Przewoznik, J., and Malone, R. E., “Racialized Geography, Corporate Activity, and Health Disparities: Tobacco Industry Targeting of Inner Cities,” Journal of Health Care for the Poor Underserved 18, no. 4, Supp. (2007): 10-38; K. M. Cummings, G. Giovino, and A. J. Mendicino, “Cigarette Advertising and Black-White Differences in Brand Preference,” Public Health Reports 102, no. 6 (1987): 698-701; A. B. Seidenberg, R. W. Caughey, V. W. Rees, and G. N. Connolly, “Store-front Cigarette Advertising Differs by Community Demographic Profile,” American Journal of Health Promotion 24, no. 6 (2010): e26-31; H. Landrine et al., “Cigarette Advertising in Black, Latino, and White Magazines, 1998-2002: An Exploratory Investigation,” Ethnicity & Disease 15, no. 1 (2005): 63-67; L. Henriksen, N. C. Schleicher, A. L. Dauphinee, and S. P. Fortmann, “Targeted Advertising, Promotion, and Price for Menthol Cigarettes in California High School Neighborhoods,” Nicotine and Tobacco Research 14, no. 1 (2012): 116-121; R. Widome, B. Brock, P. Noble, and J. L. Forster, “The Relationship of Neighborhood Demographic Characteristics to Point-of-Sale Tobacco Advertising and Marketing,” Ethnicity & Health 18, no. 2 (2013): 136-151.CrossRefGoogle Scholar
See Henriksen, et al., supra note 17.Google Scholar
Mickle, T. and Valentino-Devries, J., “Newport's ‘Pleasure Lounge’ Aims to Ignite Cigarette Sales,” Wall Street Journal, September 13, 2016.Google Scholar
Tobacco Products Scientific Advisory Comm., U.S. Food & Drug Admin., Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations (2011): at 225, available at <http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM269697.pdf> (last visited January 17, 2017).+(last+visited+January+17,+2017).>Google Scholar
21 U.S.C.A. § 387g.Google Scholar
21 U.S.C.A. §§ 387p(a), 387p(a)(1), 387p(a)(2), 387p(a)(2)(B), 387p(a)(1).Google Scholar
U.S. Smokeless Tobacco Mfg. Co. LLC v. City of New York, 708 F.3d 428, 433 (2d Cir. 2013).Google Scholar
Nat'l Ass'n of Tobacco Outlets, Inc. v. City of Providence, 731 F.3d 71, 85 (2013).Google Scholar
21 U.S.C.A. § 387g, et seq.Google Scholar
U.S. Smokeless Tobacco, supra note 23.Google Scholar
Levy, D. T. et al., “Modeling the Future Effects of a Menthol Ban on Smoking Prevalence and Smoking-Attributable Deaths in the United States,” American Journal of Public Health 101, no. 7 (2011): 1236-1240.CrossRefGoogle Scholar