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Cigarettes News Last Updated: Jun 3rd, 2008 - 11:09:18


OUR OPINIONS: Tobacco bill flawed, but a start
Jun 3, 2008, 11:02

 
Important legislation pending in Congress would finally allow the Food and Drug Administration to regulate the tobacco industry, and would —- with one important exception —- ban the use of flavoring in cigarettes.

That single exception is menthol, the most widely used flavoring in cigarettes. It has long been used to mask the harsh taste of cigarettes to first-time smokers and is particularly popular among African-American smokers. Nearly 75 percent of black smokers favor the menthol brands, compared to 25 percent of whites.

Morally, ethically, logically and scientifically, there is no justification for exempting menthol from the flavoring ban. The only justification is political, and unfortunately, that's probably enough.

For almost two decades, public health advocates have fought to give the FDA some authority over the making and marketing of a product linked to widespread death and disability, and they're finally close to success. Legislation authorizing FDA regulation of tobacco has 56 Senate co-sponsors and widespread support in the House. However, it still faces determined opposition from tobacco-state legislators and the White House, which does not believe the FDA should take on such a role.

The bill is close to passage only because Philip Morris USA, the nation's largest cigarette manufacturer, decided to support the legislation. The company says it is now willing to work with the FDA to develop tobacco products that are less harmful and that it prefers a single, national regulatory approach to a hodgepodge of local and state regulations.

However, the support from Philip Morris comes with one condition. It insists that menthol not be banned as a flavoring. While the company acknowledges the health hazards of smoking, it insists there is no verifiable evidence that menthol worsens those risks. (Menthol brands make up about 25 percent of the $70 billion American cigarette market.)

So far, it's uncertain whether higher death rates documented in black males from cancer can be attributed to the use of menthol. The question clearly deserves more study. But a growing body of evidence suggests that menthol in cigarettes does make it easier for young smokers to pick up the habit and harder for long-term menthol-brand smokers to quit.

The dilemma, then, is whether to pass the legislation in question even though it is widely acknowledged as deeply flawed. As one indication of the difficulty of the question, the National African American Tobacco Prevention Network, which had previously backed the bill, dropped its support last week after its members expressed strong opposition.

As currently written, however, the bill would allow the FDA to bar additional cigarette additives, including menthol, at a later date if they are found to be harmful. Since an outright ban seems impossible, that's probably the best health advocates can get for now.

The goal should be to get a workable set of regulatory guidelines in place and start making the tobacco industry adhere to them.

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