FDA urged to prohibit menthol in tobacco products

Foundation Takes Bold Position Urging the FDA to Act Now As Other Flavored Tobacco Products Are Pulled From the Shelves

Today the American Legacy Foundation(R) (Legacy) urged the Food and Drug Administration (FDA) to prohibit menthol in cigarettes and other flavored tobacco products as one of its first priorities related to the Family Smoking Prevention and Tobacco Control Act (the Act).

Legacy highlighted menthol as a top priority, indicating that menthol products account for one-fifth of the U.S. cigarette market and highlighting that approximately 80 percent of African-American smokers smoke menthol cigarettes.

Legacy's comments submitted to the FDA today as part of the agency's request for public input related to the Act on the topic of menthol states: The success of menthol cigarettes is hardly an accident. Literally many hundreds of tobacco industry documents conclusively establish that the tobacco industry has for decades systematically developed and marketed menthol products to attract and keep as long-term customers millions of "starter" and youth smokers; racial minorities and African-Americans in particular; and smokers seeking health reassurances. One study demonstrated a 17.5 percent increase in youth menthol cigarette use between 2000 - 2002. Despite a 22 percent decline in overall packs of cigarettes sold in the United States between 2000 and 2005, menthol sales remained stable.

Menthol is also found in other new smokeless tobacco products. In all of these products, menthol is used to lure youth and younger tobacco users by masking the harsh flavor and feel of non-mentholated products, with the expectation that they will "graduate" to strong, possibly unflavored products. Legacy also urged the FDA to use its broad authority to extend its ban of flavored cigarettes to flavored cigars, especially little cigars and cigarillos given their appeal to youth.

Finally, the foundation strongly encouraged the FDA to directly support counter-marketing and public health campaigns to the full extent of its authority, with a particular emphasis on campaigns targeted at youth. This is especially important given the history of trends in youth smoking. Unlike the almost consistent downward trends in adult smoking since the first Surgeon General's report in 1960, youth smoking has peaked twice at extraordinarily high levels, demonstrating the effectiveness of industry marketing.

"We have come so far in the fight against tobacco in this country, and the recent shift in public policy toward increased regulation of tobacco products is a positive and welcome change for public health," said Dr. Cheryl Healton, president and CEO of Legacy. "Legacy is concerned that the current stall in youth smoking levels could signal a third resurgence of youth smoking increases and that the continued manipulation of tobacco products by the industry will reverse the progress that has been made. We urge the FDA to work with the entire public health community on these important and effective methods to protect public health."

Dr. Cheryl Healton addressed several additional areas, including:

• Tobacco use by minors, women, and racial and ethnic minority populations;
• Advertising and marketing of tobacco products;
• Extending labeling requirements to non-cigarette tobacco products;
• Coordination of data collection;
• Federal, state and local government collaboration;
• The public availability of industry documents and regulatory transparency; and
• The need for a strong research focus to inform the FDA's actions, interventions and policies.