Editorial: Move to ban menthol well-meaning misfire

The road to bad legislation is paved with good intentions.

Case in point: The Biden administration’s reported plan to ban menthol cigarettes this week.

As Fox News reported, proponents of the move say it would help Black Americans who are disproportionately harmed by the tobacco industry.

According to the Centers for Disease Control and Prevention, the tobacco industry has aggressively marketed menthol products to young people and Black Americans. Black adults have the highest percentage of menthol cigarette use compared to other racial groups.

Canada was already on board. A study published in the journal Tobacco Control this month examined the effects of menthol cigarette bans enacted in Canada from 2016 to 2017.

While nearly 60% of surveyed menthol smokers there switched to regular cigarettes, those who used menthol before the ban were significantly more likely to make multiple attempts to stop smoking. More than 20% were able to quit.

When it comes to breaking bad habits, small steps are still considered progress, but one need focus on the 60% who merely switched the kinds of cigarettes they smoked after the menthol ban was enacted.

If smoking cessation is the ultimate goal, why not increase programs that help people quit, no matter what kind of cigarette they choose?

Massachusetts is also a menthol-free zone, and our experiences hint at the problems endemic to this embargo.

Getting rid of menthol cigarettes didn’t so much end their use here, but changed the places where residents purchased them, according to the Tax Foundation. As our neighboring states didn’t mimic our menthol ban, Bay Staters headed over the border to make their buy.

With a nationwide menthol ban, the setup is ripe for illegal sales. If there’s one thing about purveyors of black market items, they’ve very entrepreneurial.

And it’s the propensity for illegal menthol markets and resulting criminal activity that raises the hackles of critics..

In a letter sent to Health and Human Services Secretary Xavier Becerra, acting FDA Commissioner Janet Woodcock and several other officials, the American Civil Liberties Union along with dozens of others including the Drug Policy Alliance said while such a ban was “no doubt well-intentioned,” it would have “serious racial justice implications.”

“Such a ban will trigger criminal penalties, which will disproportionately impact people of color, as well as prioritize criminalization over public health and harm reduction,” the letter stated. “A ban will also lead to unconstitutional policing and other negative interactions with local law enforcement.”

It cited recent deaths of Blacks at the hands of police.

“A number of police encounters resulting in tragic deaths are linked to police enforcement of tobacco laws: Eric Garner, killed by a police chokehold, was illegally selling ‘loosie’ cigarettes, and Michael Brown was killed after being suspected of stealing a box of cigarillos,” the letter stated. “Even in the case of George Floyd, police were called to investigate a counterfeit bill used to purchase cigarettes.”

Proponents of the ban mean well, we’re sure, but the improving the health of smokers by helping them quit is very much at odds with a move that would mainly open up opportunities for illegal markets.

from Boston Herald https://ift.tt/3vqJyvQ