Altria, Reynolds Initiated Battle over Menthol Cigarettes in New York
New York's War on Menthol Cigarettes
New York State Governor Kathy Hochul has proposed a ban on menthol cigarettes, placing the state at the forefront of the tobacco "war." The proposed ban would apply to all forms of flavored tobacco, primarily menthol cigarettes, but also flavored cigars and cigarillos, as well as flavored smokeless tobacco. Though the ban did not appear in the final report, it sparked a new debate among various groups in New York about the pros and cons of a menthol cigarette ban.
Menthol cigarette manufacturers Altria Group and Reynolds American have spent hundreds of thousands of dollars hiring lobbying organizations. Since 2020, these companies have also provided at least $135,000 in funding to a convenience store trade group opposing the ban.
Opposing the lobbyists are a coalition of public health groups and a national anti-smoking organization that has spent over $1 million on newspaper, television, and even Times Square advertisements, denouncing tobacco companies and urging legislators to support Hochul's proposal.
While the intent of the ban may be good, it has angered some black leaders who worry that if menthol cigarettes enter the black market, it could increase conflict between black individuals and the police.
Other black opponents of the ban argue it could be discriminatory, based on data from the Centers for Disease Control and Prevention, as it disproportionately affects black smokers' preferred nicotine product, despite African American men having the highest lung cancer incidence rates.
Some smokers have stated that if menthol cigarettes are banned, they will switch to non-flavored cigarettes.
Tobacco Companies' Lobbying Efforts
Altria and Reynolds American have hired over a dozen lobbying firms, including top-tier lobbying organizations like Bolton-St.
Disclosed documents show that their total spending in January and February exceeded $400,000. The cigarette manufacturers have also signed full-year contracts with lobbyists totaling over $1.4 million.
Tobacco lobbyists point out that existing flavored e-cigarette bans in New York and menthol bans elsewhere have been poorly enforced, with many stores still selling the products. They argue that the ban would only cause smokers to switch to non-menthol cigarettes.
Altria stated in a press release, "Bans and tax increases create law enforcement and criminal justice issues, harm vulnerable populations, and will result in lost revenue for the New York government, which funds important initiatives like smoking cessation."
Reynolds American said in a statement that the ban would have little impact on overall cigarette consumption and would lead to illegal cigarette sales. "We firmly believe there are more effective ways to reduce tobacco harm than banning products," the company stated.
Supporters of the ban include the American Cancer Society and the Campaign for Tobacco-Free Kids, a leading anti-smoking organization, which paid nearly $1.15 million to Pythia Public lobbying firm in January and February for multimedia and pro-ban advertisements.
Blair Horner, chief lobbyist for the New York Public Interest Research Group, said, "There's no question about the science of menthol cigarettes; this is just a political issue."
Internal Divisions Among Black Leaders
During the recent state assembly deliberation, Governor Hochul aimed to implement a flavored tobacco ban and proposed a $1 tax increase per pack of cigarettes. The ban is intended to prevent a new generation from going down the path of lifelong smoking addiction.
While legislators have expressed support for the tax increase, the fate of the menthol ban is far less certain. The issue has divided black lawmakers, leaving the measure hanging in the balance in the state assembly building.
New York State Senator Brad Hoylman-Sigal stated, "Big tobacco companies have always been good at implying that banning menthol is discriminatory against certain communities."
The debate surrounding the proposed ban has pushed New York to the forefront of the national battle against smoking and tobacco industry influence.
According to FDA data, nearly 85% of black smokers consume menthol products, while the proportion among white smokers is 30%.
"Menthol is the spoonful of sugar in the tobacco industry, not to help the medicine go down, but to help nicotine addiction begin," said Dr. James McDonald, Acting Health Commissioner of New York.
For tobacco companies, a lot of money is at stake: menthol cigarettes account for about one-third of national cigarette sales, even as the smoking population has dropped to an all-time low.
African American politicians and religious leaders remain divided on this issue.
Some individuals, such as Rev. Carl L. Washington of Harlem's New Mount Zion Baptist Church, believe that the ban would unfairly criminalize black and Hispanic smokers, even though the proposed ban applies to sales and not personal possession.
The reverend mentioned that both sides of the issue have contacted him, and he even discussed the ban with Governor Hochul. However, he has not accepted money from tobacco companies, which are known to provide financial donations to religious leaders.
"For years, young black men and women have been jailed for selling marijuana," he said. "Now we want to ban some cigarettes. This is America; people should have choices."
Gwen Carr, the mother of Eric Garner, who was killed in 2014 by a police officer enforcing cigarette regulations, has publicly opposed the proposal.
Crystal Peoples-Stokes, the Democratic Majority Leader in the New York State Assembly, is black and opposes the ban, saying it seems exclusionary: "If you want to improve people's health, you should ban all cigarettes."
However, Assemblywoman Rodneyse Bichotte, a black Democrat, has introduced the menthol ban bill in the Senate. She argues that any economic argument against the proposal is outweighed by the thousands of tobacco-related deaths each year. Bichotte's father died of lung cancer.
"We're talking about something that's killing black people; this is something that is institutionally targeting our communities."
Conflicting Interests Intertwined
Most public opposition to the ban does not come from tobacco companies but from the state's 8,000 convenience stores, which heavily rely on cigarette sales.
The New York Convenience Store Association has spent at least $11,000 on digital and social media advertisements. The association, a trade organization, runs ads with ominous warnings that the ban will lead to criminal activity in smuggling cigarettes, claiming "bans don't work."
According to lobbying disclosures, since 2020, Altria has provided the association with over $70,000 for lobbying, while Reynolds Tobacco donated $66,000 during the same period, making them one of the largest funders.
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