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Rep. Robin Kelly and Gwen Carr, mother of Eric Garner Respond to FDA Abandoning Menthol Cigarette Ban

Following reports that the Food and Drug Administration (FDA) has dropped plans to ban menthol cigarettes, Congresswoman Robin Kelly (IL-02), chair of the Congressional Black Caucus Health Braintrust, issued the following statement:

“I am deeply disappointed that the FDA has chosen to abandon its established plan to ban menthol cigarettes. The FDA’s experts have been clear that menthol cigarettes are harmful to public health. This is a commonsense plan which could have saved hundreds of thousands of lives.

“In 2019, approximately 85% of non-Hispanic Black or African American smokers used menthol cigarettes, compared to 30% of non-Hispanic white smokers. This is the direct result of a deliberate decision made decades ago by the tobacco industry to target Black Americans with marketing for menthol cigarettes. In the 1950s, fewer than 10% of Black smokers used menthol cigarettes. The increased use of menthols among Black American has contributed to the Black community disproportionately suffering from tobacco-related diseases such as heart disease, lung cancer and strokes.

“I remain committed to working with the Biden Administration to advance racial equity and address systemic disparities in public health. I will continue to work with the Biden-Harris Administration to curb the harmful impacts of tobacco on communities of color and ensure that health equity is at the center of federal public health policy.”

Gwen Carr, whose son Eric Garner was killed nearly 10 years ago over the sale of loose cigarettes, issued the following statement on the Department of Health and Human Services’ delay of a decision on a rule that would have banned menthol-flavored cigarettes. Carr has consistently raised concerns that the rule would have led to unintended criminalization in Black communities.

“I worked diligently trying to avoid the menthol ban because it was personal to me. My son, Eric Garner, died as a result of police crackdowns on the sale of loose cigarettes. I realized this ban would only create more unintended law enforcement consequences like the very ones that lead to my son’s death. It’s why I organized other mothers who have lost children to police violence, NAN, Attorney Ben Crump, and others to ensure there were clear guidelines to safeguard against our concerns. We commend the Biden Administration for hearing those concerns and taking them seriously. The fight for our freedom of choice and our civil liberties must carry on.”

Carr’s statement comes as Sybrina Fulton, the mother of Trayvon Martin, also applauded the decision.

“I am pleased that the Biden Administration understands the civil rights harm that could result from a menthol ban in the Black Community,” Fulton posted on X (formerly Twitter). “I look forward to working with the Biden administration toward effective prevention solutions as it relates to smoking in our great country.”

Congresswoman Kelly led the Congressional effort by the majority of the Congressional Black Caucus to ban menthol cigarettes.

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