MentholA historic opportunity in

public health,addressing disparities, and tobacco use cessation and

prevention.

Menthol Monday PurposePurpose: Assemble individuals and organizations interestedin having the FDA take action and remove menthol flavoringfrom all tobacco products. Menthol Mondays calls focus:

Remain current on news and issuesDevelop or support strategies to engage/educate/mobilize

the public/communities, decision makers, businesses/organizations, media

Communicate and collaborate on local, state, and federal strategies

To be part of the calls, get updates, e-mail Bob Doyle at bdoyle@ctepa.org

Menthol Monday call/webinar is the 3rd Monday of each month

MentholFDA and Menthol Background:2009 federal legislation banned most

flavored cigarettes but excluded mentholFDA Tobacco Products Scientific Advisory

Committee (TPSAC) established – contained three members of the tobacco industry (non voting but involved in proceedings)

TPSAC heard testimony, received documentsTPSAC report sent to FDA

TPSAC FindingsTPSAC Findings:The availability of menthol had led to an increase

in the number of smokers and this has an adverse impact on health

The availability of menthol increases initiation Cessation less likely to be successful for menthol

usersRemoval of menthol from the marketplace would

benefit public health in the United StatesReport link:

http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM247689.pdf

MentholFDA Next Steps:July 21 TPSAC is meeting to consider report

amendmentsFDA is to issue its first progress report in JuneFDA can do any of the following:

NothingRequire the removal of mentholSomething in between – what that is – is unknown

There is no timeframe for FDA to make a decision

Menthol

Menthol FactsMenthol use increased among youth over the

past decadeMenthol users are less successful quittingMenthol users are more likely to believe their

product is less harmful and has medicinal valueDespite a 22% decline in overall packs sold,

menthol cigarette sales remained stable from 2000 to 2005 in the United States

Leading Brands – Newport (Lorillard), Marlboro Menthol (Philip Morris), Kool (RJ Reynolds)

MentholWho uses menthol:Adult• Black or African American 82.6%• Two or More Races 36.9%• Hispanic or Latino 32.3%• Asian 31.2%• American Indian or Alaska Native 24.8%• White 23.8%

MentholWho uses menthol:Youth• Youth 12-17 – 48%• Black/African American 75%• More than half Latino Youth• More than half of Asian American middle

school students

Menthol – Tobacco Industry TargetingQuotes from once secret industry documents:• “Menthol brands have been said to be good starter

products because new smokers appear to know that menthol covers up some of the tobacco taste and they already know what menthol tastes like, vis-à-vis candy”Brown &Williamson Tobacco

• “The success of Newport has been fantastic during the past few years. Our profile taken locally shows this brand being purchased by black people (all ages), young adults (usually college age), but the base of our business is the high school student” Lorillard Tobacco(maker of Newport)

Menthol – Tobacco Industry Targeting• Harvard School of Public Health found the

industry manipulated menthol levels to hook kids

http://news.harvard.edu/gazette/story/2008/07/young-smokers-recruited-with-menthol-study-finds/

• In December, Lorillard, maker of Newport, was found guilty of giving away free cigarettes to Black youth in the 1960’s

http://www.law.com/jsp/article.jsp?id=1202476218528&slreturn=1&hbxlogin=1

Strategies to oppose menthol’s removalThe tobacco industry and other menthol supportershave already launched their PR and legal offensiveA Wall Street Journal Article in January disclosed Lorillard had

bought domain names that could be used against them such as mentholkillsminorities.com, menthol addicts youth, FDAmustbanmenthol.

In February, RJ Reynolds and Lorillard sued to stop TPSAC from making a decision saying a conflict of interest existed for three members.

Niger Innis, national spokesperson for the Congress of Racial Equality (CORE), told The Daily Caller that while he is not a smoker and loathes the habit, he is frustrated to see his community targeted and condescended to in this way.

Opposition Strategies"African-Americans like their Newport

cigarettes, and there is no reason why they should not be allowed to have them,"

Harry Alford, CEO, National Black Chamber ofCommerce

Opposition MessagesNo additional harm from menthol flavoringFreedom of choice for consumersContraband – Illegal Market Potential

“unsafe” tobacco sold in unknown locations to kids

Loss of tax dollars/revenue from black marketCriminalization of Black Smokers

Why Act Now?FDA needs to remove menthol. An unprecedentedOpportunity…To prevent youth initiationTo reduce adult tobacco useTo address decades long disparitiesMenthol users are ready to leave tobacco useWhile not a reason to act, the public is supportiveMenthol discussion provides an opportunity to

show how flavored tobacco is pervasive in our stores

Why Act Now? Flavored tobacco found in hookah, dissolvables, little cigars

Menthol – Why Act Now?

Menthol – Why Act Now?A Morgan Stanley survey of 878 smokers

published in December found that 40% of Newport smokers would most likely try to quit upon a menthol ban. Twenty-six percent of the 191 Newport smokers polled were unsure what they would do and 15% said they would switch to non-menthol cigarettes.

Menthol- Why Act NowAmerican Journal of Public Health May 12, 201130% of menthol smokers quit and 30% of those

who would have initiated as menthol smokers do not …by 2050 …deaths averted… 633,252 overall and 237,317 for Blacks

National survey found 56.1 % in favor of a ban. Of Black/African Americans 68% favored a ban. Among respondents with less than a high school diploma, 71.2 percent supported a ban. Among women, 64.7 percent supported a ban on menthols.

Menthol – Why Act NowFrom the presentation of the AJPH data by the American Legacy

Foundation.Estimated Number of Lives Saved After Menthol Ban:

2010-2050:Total Population:10% Change 323,10720% Change 478,15430% Change 633,252African Americans Only:10% Change 91,74420% Change 164,46530% Change 237,317

Latest Financial News“Lorillard is the company most at risk. It makes

Newport, the top seller in the menthol category, with a 35% market share. Newport…accounts for approximately 90% of Lorillard's total sales. Yet, Lorillard are up nearly 50% since an FDA advisory panel…concluded in late March that "removal of menthol cigarettes …would benefit public health in the United States." However, the panel didn't directly recommend a ban. That led investors to boldly assume there would be none.”

http://www.smartmoney.com/invest/stocks/lorillard-shares-could-go-up-in-smoke-if-menthol-cigarettes-are-banned-1307649768534/?link=sm_newsticker

Latest Financial News continued “A taste of that risk came Thursday, when the FDA saidthe advisory panel's report is being revised and that thechanges would become available to the public no laterthan June 22. On the news, Lorillard shares fell 3.5%.”

“More than likely, say industry watchers, the FDA's firststatement on the matter will simply be procedural,thanking the advisory panel and taking the issue underfurther advisement. In that event, the uncertainty

wouldbe prolonged, weighing on the shares.”

Latest News continued“Lorillard Inc. (LO) named a former U.S. Food and

Drug Administration analyst as its chief compliance officer and as an executive of product-related regulation, ahead of expected FDA comments about menthol-cigarette sales.”

“…Wilcox has 13 years experience at the FDA as a science

and regulations expert, the company said Tuesday.”

http://www.foxbusiness.com/industries/2011/06/07/lorillard-hires-ex-fda-analyst-before-possible-menthol-limits/#ixzz1PlNosh8W

Latest News – Federal Attempt to Weaken

Rep Denny Rehberg (R-Montana):“The Rehberg amendment would restrict the kind ofscientific evidence the FDA can rely upon and the kindof actions the FDA can take.  It would prevent the FDAfrom considering the impact of an ingredient onconsumer behavior or whether an ingredient increasesyouth tobacco use or makes a tobacco product moreaddictive.” Campaign for Tobacco Free Kids

The amendment failed

Latest News – Federal attempt to weaken

Rep. Cliff Stearns (R- Florida):Amendment to reduce funding for the FDA

Center forTobacco Products (funding that comes from

fees paid forby the tobacco industry). Would have resulted

in a $392million dollar gift to the tobacco industry.The amendment failed

Latest News – Support for removal

Cool ideaThe Food and Drug Administration should

goahead and ban menthol cigarettes.Editorial HOUSTON CHRONICLE May 12,

2011

Latest News – Support for removalA Slow Sweet Death http://www.essence.com/2011/05/12/slow-

sweet-death-black-women-smoking-menthol-cigarettes-sound-off/

Flavored Disease and Death for Minoritieshttp://www.americanprogress.org/issues/

2011/05/menthol_ban.html

Next StepsFDA June Report DueTPSAC Meeting July 21 to consider report

amendmentsHow can you/your organization help?

Conduct community presentations, distribute material to community/state organizations

Have your organization/its web site support menthol’s removal

Have a presence at large community eventsPass the word/invite others to the Next Menthol

Monday call July 18 at noon – contact Bob Doyle – bdoyle@ctepa.org