United, If Not Unanimous

 

 

 

 

 

Before the U.S. House of Representatives passed the Family Smoking Prevention and Tobacco Control Act July 30, the 43 members of the Congressional Black Caucus (CBC) faced a perplexing detail about the legislation. The proposed law would give the Food and Drug Administration (FDA) regulatory powers over tobacco products. However, the law would not specifically prohibit the adding of menthol flavoring to cigarettes, a factor in the popularity of such products among African American smokers.

According to a study by the Harvard School of Public Health, more than 70% of black smokers buy menthol cigarettes. With its cool taste of mint, menthol masks the harshness of burning tobacco, making it easier for new users to take up smoking and develop a habit. The study, released two weeks before the House vote, accused tobacco companies of deliberately deploying a strategy of hooking blacks to nicotine: They have created certain menthol-flavored cigarette brands, asserts the study, and targeted marketing of these brands to young African Americans.

Of the 43 CBC members, 39 voted in favor of the bill, with some hoping for a future provision prohibiting menthol.

“I would certainly have loved to have seen no exemption of menthol,” says Rep. Elijah E. Cummings, of Maryland’s 7th Congressional District. “In my community, I see the devastation that direct smoke and second-hand smoke has on my neighbors and my constituents. If menthol makes cigarette smoking more attractive, it’s something I want to be able to deal with.”

Cummings admits, however, that tougher measures against menthol would have doomed passage of the bill, Congress’ first step to regulate cigarettes. “I think the greater good is to get these cigarettes regulated to some degree, and then to work on the menthol piece a little bit later on,” he says.

Another issue hitting close to home is the CBC’s financial ties to tobacco companies. According to news reports, Philip Morris USA has been one of the biggest contributors to the CBC’s nonprofit foundation, donating amounts in excess of $250,000. African American lawmakers, such as House Majority Whip James E. Clyburn, have been linked to big tobacco.

Not surprising, 11 of the 12

U.S. tobacco companies oppose the legislation. Philip Morris USA is the one company that supports it, says Bill Phelps, a spokesman for Altria. “But when it comes to menthol, we think it would be unreasonable to prohibit the use of an ingredient simply because it gives the product a unique taste. It is our scientific judgment that the ingredients in our cigarettes do not increase the inherent hazards of cigarette smoking,” Phelps says.

When the National African American Tobacco Prevention Network (NAATPN) was first asked to support the act, the anti-smoking organization immediately had issues with the bill’s lack of a menthol ban. The NAATPN gave its initial support, hoping menthol would be included later. The group then changed its stance on the bill.

“We don’t oppose the bill, but we’ve withdrawn our support, because we think the bill could be strengthened,” says NAATPN executive director William S. Robinson. While the current language of waiting for the FDA to determine menthol’s contribution to initiation and addiction is good for setting up a scientific mechanism to study the problem, the NAATPN head says his organization thinks there is already enough evidence to warrant a menthol ban.

Despite some news outlets reporting a nasty split in the CBC over the menthol issue, Cummings says, “In any group, there may be differing opinions, but I think pretty much the CBC is united. We joined in, all of us pretty much, in the statement today saying that we support this legislation, and that we will work together. We understand the significance of menthol, and we will work together to try to address that issue in the future. I think we’re pretty much on the same page, and I think that you’ll see that as time goes on.”

Representing South Carolina’s 6th Congressional District, Clyburn says there is no “menthol exemption” in the act. The bill includes the regulation of all cigarettes–menthol included. “What I feel, and the vast majority, if not all of the Congressional Black Caucus feels, is that all cigarettes ought to be regulated by the FDA. And that’s what this bill does. Also it brings into law a committee that will within one year produce the results of a scientific study to let us know whether or not further steps need to be made to ban menthol,” Clyburn says.

He dismisses criticisms that the tobacco lobby or any other interest group sways some CBC members’ opinions. “Only one of the tobacco companies is supporting the bill. And the Congressional Black Caucus is supporting the bill. So, how do you say that we are being influenced by the tobacco companies if 11 of the 12 companies oppose what we’re doing?” he asks.

Clyburn also plays down speculation about splits in the CBC. “We are individuals. We don’t all see the world the same way,” he says. “We basically bring our experiences to this body, so we are always debating issues within the CBC. I don’t believe that the lack of unanimity demonstrates a lack of unity.”

President Bush is expected to veto the legislation. White House advisers released a statement yesterday supporting efforts to prevent youth from smoking, but opposed given authority to the FDA to regulate tobacco products.