SEND THE PUBLIC HEALTH ADVOCATES TO SENSITIVITY GULAG?

Menthol cigarettes might be hazardous to your health.  But they sell better in some neighborhoods than others.

Scientific studies over the decades have made it perfectly clear that combustible cigarette smoking is highly addictive and has serious negative health consequences. And while some studies have shown that menthol cigarettes might be easier to start and harder to quit than their cousins with other flavoring mixes (nearly all cigarettes are flavored in some way), nobody claims that they create more intrinsic harm than other combustible cigarettes — or that menthol itself is as addictive as nicotine. Moreover, while menthol smokers exist in every demographic, they’re the choice for over 80 percent of African-American smokers and, when cigarettes were widely advertised, much of their marketing also targeted black people and communities.

Nobody paid attention to the disparate impact?

[D]uring a period of racial reckoning and growing distrust between black communities that have high densities of menthol smokers and law enforcement, there’s a risk that a ban could have severe negative consequences. While no currently proposed standard would criminalize mere possession of menthol cigarettes, drug laws — including those already governing the sale of illicit “loosey” cigarettes — have long blurred lines between dealer and user. In New York City, the fine for selling illicit cigarettes stands at $600 per carton and criminal charges are possible. For people in neighborhoods where fraught interactions with the police are already commonplace, these laws have certainly caused serious problems before. Exhibit A: Eric Garner, who was killed by a New York City police officer’s chokehold in 2014, was arrested on suspicion of selling “loosies” without proper tax stamps. Groups ranging from the National Organization of Black Law Enforcement Executives to Al Sharpton’s National Action Network and the ACLU have historically opposed menthol bans for just these reasons.

Not the first time the Public Health tyrants demonstrated their cultural incompetence.  A few years ago, the idea of limiting or banning the sale of malt liquor, a stronger version of beer, in a large can, looked promising as a way of taming drunk driving.  Not so fast.  "One of the most well known and stereotypical images of inner-city life is a Black person drinking a 40oz of malt liquor in public. Not only is the image used offensively, but it also underscores the issues of healthcare and targeted marketing of Blacks as the largest consumers of malt liquor."  Presumably there's a way to call out targeted marketing of menthol cigarettes.