The document discusses menthol cigarettes and calls for the FDA to remove menthol flavoring from all tobacco products. It provides background on menthol cigarette use, the tobacco industry's targeting of certain groups, and strategies being used to oppose a menthol ban. Recent news and studies suggest removing menthol could significantly reduce smoking rates and tobacco-related deaths over time, especially among African Americans. The next steps mentioned are the upcoming FDA report and TPSAC meeting to further consider the issues.

1. Menthol A historic opportunity in public health, addressing disparities, and tobacco use cessation and prevention.

2. Menthol Monday Purpose Purpose: Assemble individuals and organizations interested in having the FDA take action and remove menthol flavoring from all tobacco products. Menthol Mondays calls focus: Remain current on news and issues Develop 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 [email_address] Menthol Monday call/webinar is the 3 rd Monday of each month

3. Menthol FDA and Menthol Background: 2009 federal legislation banned most flavored cigarettes but excluded menthol FDA Tobacco Products Scientific Advisory Committee (TPSAC) established – contained three members of the tobacco industry (non voting but involved in proceedings) TPSAC heard testimony, received documents TPSAC report sent to FDA

4. TPSAC Findings TPSAC 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 users Removal of menthol from the marketplace would benefit public health in the United States Report link: http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM247689.pdf

5. Menthol FDA Next Steps: July 21 TPSAC is meeting to consider report amendments FDA is to issue its first progress report in June FDA can do any of the following: Nothing Require the removal of menthol Something in between – what that is – is unknown There is no timeframe for FDA to make a decision

6. Menthol

7. Menthol Facts Menthol use increased among youth over the past decade Menthol users are less successful quitting Menthol users are more likely to believe their product is less harmful and has medicinal value Despite 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)

8. Menthol Who 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%

9. Menthol Who 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

10. Menthol – Tobacco Industry Targeting Quotes 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)

11. 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

12. Strategies to oppose menthol’s removal The tobacco industry and other menthol supporters have already launched their PR and legal offensive A 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.

13. 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 of Commerce

14. Opposition Messages No additional harm from menthol flavoring Freedom of choice for consumers Contraband – Illegal Market Potential “ unsafe” tobacco sold in unknown locations to kids Loss of tax dollars/revenue from black market Criminalization of Black Smokers

15. Why Act Now? FDA needs to remove menthol. An unprecedented Opportunity… To prevent youth initiation To reduce adult tobacco use To address decades long disparities Menthol users are ready to leave tobacco use While not a reason to act, the public is supportive Menthol discussion provides an opportunity to show how flavored tobacco is pervasive in our stores

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

17. Menthol – Why Act Now?

18. 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.

19. Menthol- Why Act Now American Journal of Public Health May 12, 2011 30% 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.

20. Menthol – Why Act Now From 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 323,107 20% Change 478,154 30% Change 633,252 African Americans Only: 10% Change 91,744 20% Change 164,465 30% Change 237,317

21. 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

22. Latest Financial News continued “ A taste of that risk came Thursday, when the FDA said the advisory panel's report is being revised and that the changes would become available to the public no later than June 22. On the news, Lorillard shares fell 3.5%.” “ More than likely, say industry watchers, the FDA's first statement on the matter will simply be procedural, thanking the advisory panel and taking the issue under further advisement. In that event, the uncertainty would be prolonged, weighing on the shares.”

23. 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

24. Latest News – Federal Attempt to Weaken Rep Denny Rehberg (R-Montana): “ The Rehberg amendment would restrict the kind of scientific evidence the FDA can rely upon and the kind of actions the FDA can take. It would prevent the FDA from considering the impact of an ingredient on consumer behavior or whether an ingredient increases youth tobacco use or makes a tobacco product more addictive.” Campaign for Tobacco Free Kids The amendment failed

25. Latest News – Federal attempt to weaken Rep. Cliff Stearns (R- Florida): Amendment to reduce funding for the FDA Center for Tobacco Products (funding that comes from fees paid for by the tobacco industry). Would have resulted in a $392 million dollar gift to the tobacco industry. The amendment failed

26. Latest News – Support for removal Cool idea The Food and Drug Administration should go ahead and ban menthol cigarettes. Editorial HOUSTON CHRONICLE May 12, 2011

27. Latest News – Support for removal A 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 Minorities http://www.americanprogress.org/issues/2011/05/menthol_ban.html

28. Next Steps FDA June Report Due TPSAC Meeting July 21 to consider report amendments How 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 events Pass the word/invite others to the Next Menthol Monday call July 18 at noon – contact Bob Doyle – [email_address]