In another “win” for Big Tobacco, on 12/12/22, Westchester County Executive George Latimer vetoed the Flavored Tobacco Ban legislation that passed the County Board of Legislators by an 11-6 vote last month.
Opponents of the ban, namely many in the African American community, say that the ban would negatively impact their communities; convenience store owners worried that their sales would suffer; and Union leaders worried that a ban would lead to job loss for their delivery/truck drivers. Issues of enforcement were also raised with opponents fearing that Black communities would be targeted by police for selling black market cigarettes.
The proposed ban, however, would have left enforcement up to inspectors of the county’s Department of Health- not police- and would only issue violations to the shops selling the flavored tobacco products, not the individual users themselves.
Since at least the 1930’s, Big Tobacco has targeted marginalized communities by:
- giving more shelf space to menthol products in retail outlets within African American and other minority neighborhoods
- aggressively marketing promotional and advertising support for menthol brands
- continuously creating new marketing campaigns and products to avoid oversight
- flooding urban centers with menthol cigarette ads on billboards and public transportation
- giving away free “starter packs” and coupons
- featuring Black athletes and entertainers in menthol ads in leading Black newspapers and magazines.
Eighty-five percent of Black smokers use menthol cigarettes compared to 30% of white smokers. While as a whole, Black smokers smoke less than white smokers, they die of heart attacks, strokes and other causes linked to tobacco use at higher rates. Additionally, 7 out of 10 African American youth aged 12-17 who smoke, smoke menthol cigarettes.
Only weeks ago, California passed comprehensive legislation barring the sale of flavored tobacco, following the lead of Massachusetts (2020) and 160 other nationwide localities (NJ, NY, and RI enacted similar statewide bans on flavored e-cigarettes, including menthol, but did not extend the regulation to menthol cigarettes or other combustibles). The U.S. Supreme Court upheld the California ruling when challenged by Big Tobacco and their lobbyists proving that it can be done!
Though advocates in Westchester may have lost this battle, we have not lost the war. Supporters of this legislation raised awareness in their community and educated others locally and across the state of this important health issue; it has already had a rippling effect in other communities with residents and elected officials.
While we await final approval of the FDA’s proposal to ban menthol cigarettes and flavored cigars nationwide- a plan that will likely take years to implement-, we will continue to build on the successes of our colleagues in Westchester and go forward on the path they have blazed before us.
There is still much left to do.
https://yonkerstimes.com/latimer-vetoes-flavored-tobacco-ban-bol-doesnt-have-votes-to-override/