Rev. Al Sharpton is calling on the Biden administration to halt its push to ban menthol cigarettes for reasons he cites would lead to more scenes of deadly police clashes such as in the case of Eric Garner.
According to the New York Post, the National Action Network (NAN), led by Sharpton, argued in a letter sent in June 2022 to Food and Drug Administration Commissioner Robert Califf that such a ban would adversely affect Black communities.
The report of the letter comes as the FDA sent its final proposal for a menthol ban to the White House's Office of Management and Budget in October for review. The administration cites the ban is part of the agency's efforts to combat youth vaping and reduce smoking-related illnesses and deaths. OMB plans to conduct interviews with experts and other stakeholders over the next three months before deciding on the proposal.
But in the view of NAN, "Menthol prohibitions will create illicit markets and more police interactions, especially in minority communities."
The letter referenced Garner's case, stating, "For example, Eric Garner was a Black killed by the NYPD for selling loose, untaxed cigarettes." This statement reflects the organization's concerns about the repercussions of increased law enforcement as a result of the proposed ban.
The correspondence outlined NAN's role in addressing the civil rights impacts of the ban, with the letter asserting, "NAN is uniquely qualified to offer a valuable civil rights perspective on our concerns and the unintended consequences." NAN, with Sharpton and Chair Franklyn Richardson as signatories, emphasized the historical implications of prohibitionist policies on racial justice.
NAN leaders challenged the selective nature of the proposed ban, which targets cigarettes favored by Black smokers, while products commonly used by other groups remain legal.
"Advocates for the proposed rule have not been able to explain why the preferred product for Black adult smokers will be subject to ban while the select products of most will remain legal and available," they contended. They further remarked that the ban would disproportionately scrutinize minority communities and expressed confusion over the prohibition effort given the overall decline in smoking rates.
Sharpton and Richardson advocated for personal freedoms in their critique, stating, "The role of government in a free society is to protect one's rights from being violated by their fellow citizens, not to ensure that individuals never make adverse personnel decisions."
They posited that rather than reducing smoking, the ban would stimulate illicit tobacco use, "creating an underground market for menthol cigarettes and flavored cigars that will go unregulated." The leaders warned that such prohibition could replicate the adverse outcomes of past bans on substances, resulting in criminal penalties that disproportionately affect people of color.
The advocates promoted alternative measures to prohibition, favoring "health education programs and smoking cessation programs and other measures that do not have serious implications for unintended consequences."
The issue has sparked division, with some Black community leaders, like Gwen Carr — Eric Garner's mother and an NAN member — actively opposing the ban. Carr has recently lobbied Senate Majority Leader Chuck Schumer to oppose the prohibition, reflecting the complex stances within the community.
Conversely, the NAACP supports the ban, pointing to targeted tobacco industry marketing strategies toward Black smokers.
The FDA, under President Joe Biden's direction, proposed the ban in April 2021 while still noting the disproportionate use of menthol cigarettes and flavored cigars among Black smokers. A study cited by the FDA indicated that a menthol ban could lead up to 923,000 smokers, including 230,000 Black Americans, to quit within a specific time frame. Despite this, the controversy remains.
Nick Koutsobinas ✉
Nick Koutsobinas, a Newsmax writer, has years of news reporting experience. A graduate from Missouri State University’s philosophy program, he focuses on exposing corruption and censorship.
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