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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,[link widoczny dla zalogowanych], a compound that occurs naturally in mint plants,[link widoczny dla zalogowanych], 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,[link widoczny dla zalogowanych], 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,[link widoczny dla zalogowanych], 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, Kool and Salem as tobacco companies ratcheted up magazine and billboard ads depicting carefree black smokers. In surveys, 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,[link widoczny dla zalogowanych], ‘Let’s ban menthol,’ ” 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,” he said, adding that a black market would allow for more under-aged smoking and tax evasion.
Bruce Levinson,[link widoczny dla zalogowanych], a senior staffer of Washington-based Center for Regulatory Effectiveness, 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, 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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