That Minty Fresh Taste in the Bile of Political Manipulation

In 2009 the Family Smoking Prevention and Tobacco Control Act was passed with huge support from status quo public health groups and opposition from tobacco companies, with the exception of Philip Morris, and a minority of tobacco prevention advocates. These minority advocates, before any particulars, knew that historically any collaboration with the tobacco cartel had been in the end only beneficial to the industry. That conclusion is being affirmed daily.

Prohibition of tobacco marketing assertions that claimed FDA approval of tobacco products was quickly struck down by the courts, as were the black and white advertising limitations. Passage of the bill was momentarily held up because while eliminating fruit and candy flavors it did not prohibit menthol flavoring for tobacco. The argument was that after passage there would be the opportunity to eliminate menthol as one of many substances in tobacco that had been proven to be a harm. Well guess what? The guidelines that dictate how and what the Tobacco Products Scientific Advisory Board can recommend may well preclude the elimination of menthol because menthol, by itself is not harmful. This at least is one of the argument that the industry will take in opposing any change in regards to menthol.

There is little doubt that menthol in tobacco is a key in the initiation of nicotine addiction. It acts as an anesthetic cooling tobacco smoke and making tobacco more palatable. Eliminating menthol in tobacco could prevent many youth from ever starting to use tobacco and make quitting more possible for other untold millions. The enormity of the potential lives saved by restricting this additive is almost incomprehensible.

One of the basic premises this bill’s advocates took was that if we knew what was in tobacco products their harm could be evaluated and the industry forced to remove them. But now it seems this harm could well be evaluated independently of tobacco. Dr. Joel Nitzkin describes the situation in a Globalink post: “In other words -- the problem is not the "science" related to menthol -- but a bureaucratic standard operating procedure adopted by FDA on the basis of an overly constrictive interpretation of the legal authority granted to them under the new FDA tobacco law.”

75% of African American smokers smoke a “menthol” brand but virtually all tobacco has to some degree menthol as an additive. The African American Caucus held up passage of the Family Smoking and Tobacco Prevention Control Act’s limited authority to regulate tobacco over the issue of restricting menthol flavoring just as the bill had eliminated fruit and candy flavors. However, objections from Philip Morris prompted supporters to compromise with the assurance that menthol could be eliminated after the bill’s passage. This may not be the case at all.

The panel has until 2012 to make its recommendations concerning menthol. This issue, if nothing else, displays quite well the irony and inanity of asking the FDA to regulate an inherently unsafe product without the authority to regulate it out of existence.