Up in Smoke: Menthol Ban Gets Snuffed Out

This reversal in tobacco policy is the opposite of KOOL.

A Personal Note on Cigarette Addiction's Grip

I (Jess) lost my father to COPD complications—undoubtedly due to his decades-long, two-pack-a-day cigarette addiction. What might surprise you is that I, a public health scientist whose research focused specifically on tobacco policy and regulations—who worked directly in tobacco control—have smoked cigarettes. Yes, you read that correctly.

This isn't something I advertise, but it illustrates the powerful grip of nicotine addiction. I was exposed to cigarettes from my earliest days, surrounded by cigarette smoke—my father smoked, my mother smoked (though thankfully quit years ago), and my grandfather smoked. I struggle to find a single photo of my father without a cigarette in his hands. It was modeled for me. It was my normal.

As a teen, I gave in to peer pressure. You can guess which type I reached for: menthol. I loved mint and convinced myself it would somehow mask my cigarette breath. Even now—years later—in moments of extreme stress and weakness, I think to myself: ah, I'd love a cigarette. Nicotine is a powerful and highly addictive substance. Even someone with deep knowledge of cigarettes' devastating health impacts can still get wrapped up in their enticing allure.

This personal battle with nicotine addiction makes today's policy reversal all the more devastating. Let’s discuss…

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The Latest Blow

Today, January 24, 2025, the Trump administration extinguished a long-awaited ban on menthol cigarettes, derailing decades of public health efforts aimed at reducing tobacco-related deaths, particularly among Black Americans. This decision marks a stunning reversal of a policy that public health experts projected could prevent up to 654,000 deaths over 40 years, including 255,000 Black lives.

The Heart of the Matter

At its core, the menthol cigarette debate is as much about racial justice as it is about public health. While menthol cigarettes make up about 37% of the overall cigarette market, they're used by 85% of Black smokers—a disparity that's no accident, but rather the result of decades of deliberate targeting by the tobacco industry. This targeting has had devastating consequences: while Black Americans constitute 12% of the population, they account for 41% of premature deaths caused by menthol cigarettes between 1980 and 2018.

This stark disparity helps explain why the proposed menthol ban has been such a lengthy battle. Public health advocates have argued for decades that allowing menthol cigarettes to remain on the market perpetuates a systemic health inequity, one that began with predatory marketing and continues through generational addiction. The tobacco industry, meanwhile, has fought back at every turn, even cynically arguing that a menthol ban would criminalize Black smokers—despite the ban targeting sellers, not users.

You can read more about this in a previous newsletter linked here:

A History of Targeted Marketing

The story of menthol cigarettes in America reveals one of the most strategic and controversial marketing campaigns ever conceived. When tobacco companies first introduced menthol cigarettes in the 1920s, they positioned them as a "healthier" option, promising soothing relief for irritated throats. Marketing materials featured doctors and health claims, lending a false air of medical legitimacy to an addictive and deadly product.

But by the 1950s, the industry had identified a new target market that would transform the trajectory of public health for generations: Black Americans.

The Playbook: How Industry Won Hearts and Minds

The tobacco industry's targeting of Black communities wasn't just advertising—it was a comprehensive campaign of cultural infiltration. Billboard by billboard, event by event, they wove menthol cigarettes into the fabric of Black urban life.

Tobacco companies flooded Black neighborhoods with advertisements while maintaining a notably lighter presence in white areas. They sponsored cultural touchstones like the Kool Jazz Festival, linking their products to Black music and culture. Vans distributed free menthol cigarettes in urban areas, creating new addicts under the guise of community engagement. Corner stores in Black neighborhoods received incentives to maintain prime shelf space for menthol brands.

The campaign worked with devastating efficiency—today, while 37% of all cigarettes sold are menthol, about 85% of Black smokers use menthol cigarettes, compared to just 30% of white smokers.

The Science of Addiction

Menthol isn't just another cigarette flavor—it's a subtle but powerful tool for addiction. The cooling sensation masks tobacco's natural harshness, making that first cigarette more palatable for new smokers. By suppressing the cough reflex, menthol allows smokers to inhale more deeply, delivering higher doses of nicotine to their systems. This increased exposure leads to stronger addiction, making menthol cigarettes particularly hard to quit.

Between 1980 and 2018, these effects contributed to staggering numbers: 10.1 million extra smokers, 378,000 premature deaths, and 3 million years of life lost. The human cost behind these statistics is immeasurable—countless families, like mine, forever altered by tobacco addiction.

Choice, Youth, and Addiction

Critics of the menthol ban often cite personal freedom—adults should be able to choose what they smoke. But this argument overlooks two important realities: the tobacco industry's targeted marketing to youth and the nature of nicotine addiction.

Nearly half of young smokers start with menthol cigarettes. The cooling effect masks tobacco's harshness, making that critical first cigarette more tolerable. These aren't adults making informed decisions about their health—they're teenagers, often surrounded by peer pressure and targeted marketing, whose brains are particularly vulnerable to nicotine addiction.

By the time these young smokers reach adulthood, choice becomes complicated by addiction. As someone who has experienced this firsthand, I can attest that nicotine dependency transforms what feels like "choice" into a powerful compulsion that can persist even when armed with knowledge of its deadly consequences.

A menthol ban wouldn't prevent adults from smoking regular cigarettes. Rather, it would remove a product specifically designed to initiate young smokers and make cigarettes more addictive. It's about protecting the next generation from starting a deadly addiction before they can truly understand its lifelong implications.

The Rocky Road to Regulation

The path to regulation reveals how deeply the tobacco industry has embedded itself in American policy-making. In 2009, when Congress finally gave the FDA authority to regulate tobacco products, it banned all cigarette flavorings—except menthol. This exemption, won through intense industry lobbying, set the stage for years of regulatory battles.

In 2011, the FDA's scientific advisory committee recommended banning menthol. In 2013, the FDA began gathering public comments. In 2021, after being sued for inaction, the FDA finally announced plans for a ban. By October 2023, it seemed victory was at hand when the FDA sent its final rule to the White House.

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But in April 2024, HHS Secretary Xavier Becerra announced another delay, citing the need for "more conversations" with civil rights and criminal justice groups. This delay pushed the decision past the presidential election, highlighting how even evidence-based public health policies can become entangled in political considerations. The tobacco industry seized this opportunity, arguing that a ban would create black markets and harm small businesses—the same arguments they've used for decades to fight regulation.

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Today's withdrawal of the rule by the Trump administration represents the culmination of these delays and industry pressure tactics, dealing a significant blow to public health efforts and particularly to communities most impacted by menthol cigarettes.

Global Leadership Gap

While the United States continues to debate menthol cigarettes, other nations have taken decisive action. The European Union banned menthol cigarettes in 2020, and Canada's provincial bans have shown significant success in reducing smoking rates. These international examples prove that menthol bans are both feasible and effective—when there's political will to implement them.

Hope at the Local Level

Despite federal inaction, progress continues at the local level. Currently, 127 jurisdictions across America have implemented comprehensive bans on flavored tobacco products, including menthol. Massachusetts led the way with a statewide ban, while California has 94 localities with comprehensive flavor restrictions. These local efforts show that change is possible, even as federal policy remains caught between public health and profit.

Looking Forward

Today's reversal of the menthol ban is more than a policy decision—it's a choice about who we protect and who we leave vulnerable. As someone who has witnessed tobacco addiction from both personal and professional perspectives, I can attest to the urgent need for stronger regulation. The question now is not if we'll eventually ban menthol cigarettes, but how many more lives will be lost before we do.

Stay curious,

Unbiased Science