Program Success July 2010 | Page 22

PAGE 22 PROGRAM SUCCESS – JULY 2010 BANNING MENTHOL IS BESIDE THE POINT By Harry Alford, President National Black Chamber of Commerce One good measure of our government is the intensity with which it attacks real problems that affect Americans - and whether it avoids overregulation that leads to bad policies. By that standard, it is worth keeping an eye these days on the U.S. Food and Drug Administration (FDA). For years now, activists have tried to give the FDA power over tobacco. That battle is now over. Congress indeed gave the FDA that power last year, passing legislation that allows the FDA to review and evaluate the health issues relating to cigarettes and other tobacco products - but not to ban tobacco. The question now is whether regulators will thumb their nose at Congress by taking actions that seek a backdoor ban of tobacco through “the death of a thousand cuts.” The first test is whether a FDA scientific advisory committee will recommend the elimination of menthol in cigarettes. It is curious if not noteworthy that the first major test of the FDA comes on the topic of menthol, an issue of importance to African Americans. It is no secret that menthol cigarettes provide a distinctive taste that is preferred by some smokers including many African Americans. Yet there is no hard scientific evidence that menthol itself is harmful, that menthol creates a greater disease risk, or that menthol makes it easier to start or stop smoking - including among African American smokers. The fact is menthol, no matter what you think of smoking, is a rather inconsequential ingredient in a cigarette. Menthol is as old as the hills. It has been used for decades in cigarettes; it is used in everyday products you put in your mouth and on your skin, such as mouthwash and lotions. One real danger is that the FDA panel will simply parrot the words of Big Pharmaceutical companies that want to make Big Profits from smoking cessation products. It is shocking that the FDA scientific committee includes members who worked for pharmaceutical companies that produce smoking cessation products and who, themselves, helped develop those products. Banning menthol would have real-world ramifications that so far have not been considered by the FDA committee. First and foremost, it would create an illegal market of unsafe, unregulated cigarettes. An extensive underground market Harry Alford already exists for cigarettes, in which cartons are shipped from low-tax states to high-tax states. Law enforcement agencies cannot keep pace with this counterfeiting. If menthol were banned, this illicit market would undoubtedly expand. It is not a stretch to believe that it would be controlled by organized crime. And the worst part is that illegal cigarettes will not be sold in stores where clerks must check to make sure buyers are adults but rather on the internet and on street corners where minors would have easier access to cigarettes. If Congress wanted the FDA to ban cigarettes, then it should have had the guts to do so, and not nitpick on a harmless component of cigarettes. But Congress did not take that step. Banning menthol in cigarettes should strike even the strongest anti-smokers - and certainly many African Americans - as utterly beside the point and even detrimental. That is especially true when there is a lack of hard scientific evidence of harm from menthol, and when we celebrate an era in which informed, adult Americans should have the right to personally choose among legal products. The FDA has plenty on its plate and should focus on issues that really matter. Alford is the co-founder and President/CEO of the National Black Chamber of Commerce, which represents the 1.2 million Black owned businesses within America. For further information or to schedule an interview with Mr. Alford, media representatives may contact Charlotte Roy at [email protected] or 404-531-6777.