A push by Gov. Kathy Hochul to ban menthol-flavored cigarettes in New York has created a furious and expensive lobbying war. Caught in the middle are Black smokers, who smoke menthols at high rates, and are the main group the ban is meant to help.
A smoker with a menthol cigarette, in New York, April 21, 2023.
Well intentioned as the ban may be, it has angered some Black leaders, including a group of ministers who have rallied against Hochul’s proposal because they worry it could increase encounters between Black people and the police if menthol cigarettes were to go underground and authorities crack down on sellers.
The proposed ban would apply to all forms of flavored tobacco, primarily menthol cigarettes but also flavored cigars and cigarillos, as well as flavored smokeless tobacco. The issue has divided Black lawmakers, leaving the measure hanging by a thread in the State Capitol and potentially forcing Hochul to weigh how much political capital she should expend on the ban, as opposed to other policy priorities.
In 2021, the Biden administration proposed a federal ban on menthol cigarettes that is making its way through the Food and Drug Administration’s rule-making process, and could be subject to legal challenges if enacted. For tobacco companies, there is a lot of money at stake: Menthol cigarettes account for about one-third of all cigarette sales nationwide, even as the smoking population has shrunk to record lows.
Altria has exerted its clout in other ways: It has given $174,350 to Democratic and Republican candidates and campaign committees in New York since last year, according to campaign filings. Many of the ads feature heartfelt testimonials from New Yorkers who have lost loved ones to lung cancer, including Hazel Dukes, president of the state NAACP and a staunch ally of Hochul’s.
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