On June 13th, Los Angeles Mayor Eric Garcetti signed an ordinance to restrict the sale of menthol cigarettes and other flavored tobacco products. The ordinance will take effect on January 1, 2023. As of June 16th, 2022, the Smoke-Free Kids campaign reported that 127 local governments in California have passed restrictions on the sale of flavored tobacco products. At least 108 of those jurisdictions have restricted the sale of menthol cigarettes in addition to other flavored tobacco products.
In July, California Attorney General Rob Bonta joined a bipartisan coalition of state attorneys general calling on the US Food and Drug Administration (FDA) to adopt final regulatory standards to ban the production and sale of menthol cigarettes and flavored cigars in the US market. In a written statement, Bonta said, "Every day, millions of Californians smoke and begin down a dangerous path, leading to devastating health consequences." "There is no time to waste. We urge the FDA to swiftly finalize proposed regulations to ban menthol cigarettes and flavored cigars, which primarily harm young people and people of color. Any delay will only result in more lives lost.
Last year, the law exempting menthol cigarettes faced opposition from members of the Black Caucus, Mark Ridley-Thomas, Marqueece Harris Dawson, and Curren Price. They argued that studies have shown that African Americans are the most likely ethnic group to use menthol cigarettes, with a likelihood 25 times greater than that of white Americans.
Bonta has joined a coalition that includes attorneys general from Colorado, Connecticut, Delaware, Illinois, Pennsylvania, Idaho, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, South Dakota, Vermont, Washington D.C. as well as Guam, Puerto Rico, and the U.S. Virgin Islands.
In a letter to the FDA, the Association of Attorneys General emphasized the need to remove these products from the market to protect public health and address the disproportionate and systemic impact on vulnerable minority communities.
The FDA should have taken action to ban menthol cigarettes and flavored cigars long ago, with sufficient scientific backing. They reference a study that found menthol cigarettes disproportionately harm vulnerable populations, particularly African Americans.
Overwhelming scientific evidence, including the FDA's own findings and statements, indicates that menthol cigarettes have a significant negative impact on public health, leading to increased smoking and tobacco use that result in more sickness and deaths.
A recent study published in the "Tobacco Control" journal found that mint-flavored cigarettes "caused over 10 million smokers and 378,000 premature deaths" between 1980 and 2018.
Mint flavoring masks the harsh taste of tobacco, which remains the primary reason young people start and become addicted to smoking - over half of adult smokers aged 18-34 use mint-flavored cigarettes.
In the LGBTQ+ community, among smokers with mental health issues, and in socioeconomically disadvantaged groups, the usage of menthol cigarettes is also high.
In August 2020, Governor Gavin Newsom signed Senate Bill 793, a bipartisan effort aimed at eliminating flavored electronic cigarettes, including candy and mint flavors, which he said "would addict our children." Last year, Newsom called on the FDA to ban mint-flavored cigarettes, saying it was "an important step in the right direction." In April 2021, Newsom urged the federal government to follow California's lead in protecting public health and promoting racial equality by banning menthol-flavored cigarettes. "For decades, Big Tobacco has targeted Black communities and profited from them by selling menthol cigarettes, making smoking-related illnesses the leading cause of death for African Americans in this country," he said.
The alliance stated in its letter that the proposed ban on menthol by the FDA is a crucial step in promoting health equity and protecting public health, and it will not significantly increase illegal trade.
Removing menthol cigarettes from the US market and banning flavors in cigars could potentially decrease smoking among young people, lead to better smoking cessation outcomes among adults, promote health equity, and benefit public health. This is according to a signed letter from 23 attorneys general representing various states and territories, who argue that inaction in these areas each year results in the loss of thousands of lives and has an adverse impact on the overall health of the public.
On the ballot for the November 8th election, Proposition 31 is a referendum on SB 793, aimed at lifting the current ban on the sale of flavored e-cigarettes, including mint and menthol, and flavored tobacco products in stores. A majority vote in favor will maintain the ban on flavored tobacco products, while a majority vote against will lift the ban.
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