FDA proposing ban on menthol tobacco and what Washington needs going forward

Friends and Neighbors,

Since joining the legislature, I have been proud of my work preventing a new generation of our youth from being addicted to nicotine through e-cigarettes, vaping and tobacco. As a leader on this topic, I have helped develop and pass the first state legislation in the US to regulate e-cigarette and vaping marketing to youth. This policy reflects research I have conducted as a UW School of Public Health faculty member when many people were still unaware of the growing epidemic of vaping by high school students. Working with Senator Patty Kuderer, local and national health and equity organizations, we developed HB 1345 for 2021-22.There is extensive evidence in recent years that Big Tobacco has been marketing menthol cigarettes and flavored cigars to Black communities, the LGBTQ+ community, and youth – along with menthol and sweet flavored vaping products.

Now, the federal Food and Drug Administration (FDA) has proposed (May, 2022) banning menthol cigarette citing the same extensive evidence that I shared in testimony and materials for state legislation documenting that banning menthol cigarettes will:

  • Enable 380,000 Black Americans to quit smoking.
  • Help 3 million Americans quit smoking.
  • Dramatically reduce teenage and young adult starting smoking because menthol is used to make smoke less harsh (and increase nicotine uptake) and most kids start smoking with menthol cigarettes.

As reported on NPR: “The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” Health and Human Services Secretary Xavier Becerra said in a statement. “Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.”

We still need urgent State action. It will take years for the federal government to adopt these rules. The tobacco industry has already said they will spend tens of millions of dollars in legal challenges, which will add more years before there is a federal ban. And, if there is a change in control of Congress or the Presidency, big tobacco is likely to be able to continue selling addiction and cancer.

I plan on reintroducing legislation in 2023 to ensure Washington residents are protected from the continued marketing of menthol targeted at Black, youth, and LGBTQ+ populations. We can’t wait for the federal government to prevent tens of thousands of Washington residents from becoming addicted and suffering cancer, other diseases and early deaths.

Read more: Time magazine “The FDA is Moving Forward with a Menthol Cigarette Ban. Here’s What the Science Says” (May 4, 2022); “FDA proposes ban on menthol cigarettes and flavored cigars”, CNN (April 28, 2022).

Thank you,

Rep. Gerry Pollet