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To help the FDA weigh tobacco issues, Congress created the Tobacco Products Scientific Advisory Committee. The panel’s March report on menthol cigarettes could call for an outright ban on the products, or for certain restrictions on advertising. The FDA, however, isn’t required to follow the panel’s recommendation and faces no deadline.
Menthol, a compound that occurs naturally in mint plants, has been added to cigarettes since the 1920s. It acts as a mild local anesthetic and provides a cooling sensation in the mouth and throat, similar to that of a mentholated cough drop. Critics say the flavoring masks the harsh taste of cigarettes, making them more appealing to young people. A federal survey published in 2009 showed that 45% of smokers aged 12 to 17 use menthol brands.
African-Americans have a slightly higher adult smoking rate than the national population. About 21.3% of black adults smoke, according to a 2010 Centers for Disease Control report, compared with 20.6% of all Americans. Blacks also have a disproportionately high rate of smoking-related disease.
Through the decades, minorities increasingly gravitated to menthol brands such as Newport,[link widoczny dla zalogowanych], Kool and Salem as tobacco companies ratcheted up magazine and billboard ads depicting carefree black smokers. In surveys,[link widoczny dla zalogowanych], blacks often express a taste preference for menthol cigarettes.
“We were quite surprised to find out that it’s not quite so easy to say, ‘Let’s ban menthol,[link widoczny dla zalogowanych],’ ” Ross said. The council’s research found no physiological toxicities associated with menthol in cigarettes, beyond what is already contained in cigarettes.
“It seems quite clear to me that people who smoke menthol cigarettes are really quite devoted to smoking menthol cigarettes,[link widoczny dla zalogowanych], and that if you ban menthol, the chances of creating a black market are substantial,[link widoczny dla zalogowanych],” he said, adding that a black market would allow for more under-aged smoking and tax evasion.
Bruce Levinson, a senior staffer of Washington-based Center for Regulatory Effectiveness,[link widoczny dla zalogowanych], cautioned further about harm that could be caused by a black market,[link widoczny dla zalogowanych], citing a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) filing on the federal register about how contraband is likely to not have standards of production, be sold to people who are underage and have ties to organized crime and terrorist groups. He asked that TPSAC view an upcoming contraband paper from the center,[link widoczny dla zalogowanych], as well as invite the ATF to brief the committee on potential impacts of a menthol ban on the contraband market and the public.

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