Rep. Kelly Leads Majority Of CBC Members In Letter To FDA In Support Of Proposed Menthol Cigarette Ban

WASHINGTON DC – Today, Congresswoman Robin Kelly (D-IL), Chair of the Congressional Black Caucus Health Braintrust, led a majority of the CBC in a letter to Federal Drug Administration (FDA) Commissioner Robert Califf expressing strong support for the FDA’s proposed rule to remove menthol cigarettes from the market.

“After decades of the tobacco industry’s targeting of our children and our communities with pervasive marketing campaigns and price discounts, use of menthol cigarettes skyrocketed among Black Americans. As of 2020, menthol cigarettes accounted for 37% of all cigarette sales —the highest proportion since major tobacco companies were required to report the domestic market share of menthol and non-menthol cigarettes,” wrote the members.

“The net result of these predatory marketing strategies is the Black community is suffering unfairly and disproportionately from tobacco-related diseases.”

In 2019, approximately 85% of non-Hispanic Black or African American adults used menthol cigarettes, compared to 30% of non-Hispanic white smokers. This is the direct result of a deliberate decision made decades ago by the tobacco industry to target Black Americans with marketing for menthol cigarettes. In the 1950s, fewer than 10 percent of Black smokers used menthol cigarettes.

The members also expressed their support for partnering with social and criminal justice reform advocates to ensure that Black Americans will not be unfairly or harmfully prosecuted by police as a result of this rule. According to the proposed rule, the FDA cannot and will not enforce against individual consumers for possession or use of menthol cigarettes or flavored cigars. The agency is making policy considerations related to the potential racial and social justice implications of the proposed product standards.

78 endorsing organizations including the NAACP, the National Medical Association, and the American Heart Association have publicly demonstrated their support of this life-saving menthol ban.

The full text of the letter is available here.