I have long opposed legislation designed to force consumers to make more healthy choices by banning certain products like New York’s unlawful “Big Gulp” law under then Mayor Michael Bloomberg. Now, the Biden Administration is moving forward to ban menthol cigarettes because they are too popular with consumers.
In April 2022, the Food and Drug Administration (FDA) proposed rules prohibiting menthol cigarettes and flavored cigars. Health and Human Services Secretary Xavier Becerra is now moving forward to “help prevent children from becoming the next generation of smokers and help adult smokers quit” and “to advance health equity by significantly reducing tobacco-related health disparities.”
Tobacco remains a lawful product. These measures are not based on a finding that menthol or flavoring increases the carcinogenic risk of smoking. Rather, the fear is that they are too popular and will only serve to increase sales. It is the same premise used to ban advertising at sporting events and calls to put graphic imagery on products.
It is akin to pushing green energy policies by banning a non-electric car model because it is wildly popular. If the Administration wants to seek a ban on tobacco, it should do so. However, consumers should be allowed lifestyle choices, including unhealthy choices from high-fat diets to alcohol abuse.
These paternalistic measures tend to only shift costs and markets. If the consumers want menthol cigarettes, they are likely to turn to the black market with the assistance of criminal gangs smuggling the products over the border. It is a variation of the Coase theorem where an “entitlement” will not necessarily dictate outcomes. It can raise and shift costs. In terms of the outcome, the market often controls: The question is not simply what law favors but what is more valued by the consumers. The Administration can add transactional costs, but it is the market demand that is likely to drive supply. Transactional costs can alter the outcome, but those costs must overwhelm the market demand.
If this proves correct, the move will fuel a criminal black market while reducing tax revenues.
I do not question the danger of these products in reaching younger potential smokers. I also enthusiastically support government educational programs designed to discourage young people from using this addictive product. Smoking carries a terrible price for users and society. However, so long as it is a lawful product, individuals should be allowed to make these decisions over their own health and lifestyle.
The FDA is unconstitutional.
Industries must self-regulate to preclude deleterious litigation.
Congress has the power to tax for ONLY debt, defense and general Welfare.
Individuals were made free and government was severely limited and restricted by the Constitution.
When the American Founders established freedom, they meant freedom, not enslavement by Congress and other communists.
The power of Judicial Review was revealed in 1803.
Justices swore an oath to support the literal manifest tenor of the U.S. Constitution.
Where the —- has the U.S. Supreme Court been, deep in the Communist Manifesto.
What America has is Karl Marx’s motto: “From each according to his ability, to each according to his needs,” along with central planning, control of the means of production (i.e. unconstitutional regulation), redistribution of wealth, and social engineering.
Thanks, Abe.
What about drinks that mask the taste of alcohol? Should all alcohol have to be 100% straight up lighter fluid?
The executive branch has no power to regulate anything.
There is no power enumerated to Congress to regulate any free enterprise, industry or product.
Products are regulated by consumers.
Congress has only the power to regulate the value of money, commerce among nations, States and Indian tribes to preclude bias and favoritism, and land and naval Forces.
That is all.
Funny how they want to ban all these items “for your own good”, but don’t enforce laws on the books against THC. Could this all be a politically driven canard?
Slow Joe.
Ask Joe about the success of the 18th amendment.
History may not repeat, but it does rhyme.
strange that the govt is handing out crack pipes, and providing safe zones to allow people to shoot up illegal drugs. Because it is supposed to reduce crime. But Banning menthol cigarettes will be different.
8 million illegals in the country, but we’ll worry more about cigarettes?
How many $billions has the federal govt doled out in cigarette cessation grants?
My point being, The govt is quick to solve a problem with money an seldom gets anything for the buck.
Like the $billion given to Mayor DeBlasio’s wife to get a handle on mental illness, its spent and gone, no one knows exactly was paid for.
Zuckerberg gave Newark NJ schools $100 million. Never moved the needle on outcomes. the lions share went to consultants, who are never responsible. Sure its his own money. The event just illuminates the fact that govt’s rarely make anything better, and usually worse.
It’s called deflection – look over here, not over there…It is their most effective technique.
Menthol is put into cigarettes to reduce the harshness. So apparently making cigarettes more harsh will make them quit. “Them” being black smokers because smoking is bad and we want them to feel the evil with each inhalation, since day ain’t lis’nen to da Gubmint so much.
Got it? Brilliant plan. No one could have seen that coming.
If they don’t like the menthol cigarette use then they should respond like good democrats and tax the hell out of the cigarettes. Strange but people seem to reduce buying something when it gets too expensive. They primarily look at the price and then make the decision. A tax makes the most sense and then the consumer can decide for themselves.
In medicine we found that if you raised the dollar amount of the copay for an office visit, less people would come in. It was almost a mathematical calculation that you could predict the reduction in office visits if you raised the copay $5, vs $10, vs $15-20. The main decision was not how many visits you wish to have decline but at what level of copay would visits decline too much and start to keep people from going in for needed care. The purpose of the copay was to discourage frivolous visits not discourage care of significant problems.
That worry about failure to get needed care was the main conundrum.
Of course with menthol cigarettes you don’t have that worry. You just want to tax the cigarettes to extinction.
I think the term is sin taxes.
Exorbitant tax on cigarettes is how you got the death of Eric Garner. As Turley says, markets will find a way.
>>>ban menthol cigarettes because they are too popular with consumers.
>>>individuals should be allowed to make these decisions over their own health and lifestyle.
I agree! Does that kind of rationally consistent thinking also apply to, let’s say,… LGB or transgender people, and reproductive health?
I agree! Does that kind of rationally consistent thinking also apply to, let’s say,… LGB or transgender people, and reproductive health?
Absolutely! Its just when they want to start killing babies is there a problem.
Yes, Anonymous, it does. Just as @iowan2 said. You see, that’s how rational thinking and intellectual honesty work. People should be just as free to make their own decision to drink, smoke, have homosexual intercourse, cuss, say stupid things, and even pretend they are of a different gender. Freedom means free to do whatever you wish to yourself — unless and until your actions infringe on someone else’s freedoms.
People should *not* be free to determine if someone else should drink, smoke, have homosexual intercourse, cuss, say stupid things, or even pretend they are of a different gender. And they certainly should not be free to determine any of those for children, and most especially someone else’s children. Likewise, our reproductive freedoms end when another person’s begins. Often, though not always, the phrase “reproductive rights” completely dismisses and ignores the reproductive rights of the baby human and only consider those of the woman/mother/pregnant person. This disconnect is due to the initial point of rationality and intellectual honesty. Even apart from issues of faith and religion, infanticide is incompatible with life, liberty, and the pursuit of happiness. Indeed, it utterly deprives those Creator-given rights (which our government was explicitly formed to protect and preserve) by design.
Ban menthol cigarettes? Ridiculous. Here is my own list of what should be proscribed:
leaf blowers
dairy products
walking or driving while texting
volatile hydrocarbons in beauty aids
naked bike riders
That’s all for now.
I would like to add transvestite kindergarten story hour to your list.
Not a Racialist point, but America’s largest consumers of menthol cigarettes are black folks. Kind of stupid leading up to the 2024 election IMHO.
Menthol cigarettes?
Have they not seen what is passed off as food in this country which contributes to things like heart disease, obesity, diabetes, hypertension and probably another half dozen I am forgetting (Estovir, lend a hand here) and they are moving to ban cigarettes?
If they wanted to address a real health crisis, they would be moving to ban all ultra-processed food stuff. Even fake meat is ultra-processed food stuff.
The Big Ag, Fast Food industry and related industries do a whole lot more damage to Americans health then those who smoke menthol cigarettes.
Upstate – I have multiple family members who have gone through twelve-step, mostly for alcohol. Although cigarettes are bad for one’s health, they are the go-to, fully allowed, in those programs. A reasonable argument could be made that, without cigarettes, the success rate of AA and related programs would be lower.
I have multiple family members who have gone through twelve-step, mostly for alcohol
Just as an educational enlightenment. Alcoholics don’t “go through” the 12 steps. They spend the rest of their life living the steps, or they die early.
I wish smoking would end, but the positive side is that smoking reduces the federal debt. That is something frequently misunderstood by people, even smokers. Next time you pass by a smoker, thank him for his contribution to society. When he realizes what is being said, he might want to stop smoking.
One vice at a time, please. 😊
Estovir, lend a hand here
🙌🏽
Youre on a roll, bruh.
Bingo – there are so many far more dangerous things in this nation, there has got to be some hidden agenda beneath the surface, or else they are just illustrating how out of touch they are with reality.
African-Americans won’t think this is kool…
Agreed, Gordy. The Biden administration should be better informed about the menthol demographic, which another commenter has mentioned.
Nice pun.
“Joe Biden” is the best friend Mexican cartels have ever had, in so many ways.
The Biden administration’s banning of menthol cigarettes will open up the door to several problems, including providing a massive space for Mexican cartels to move in and sell them on the U.S. black market.
https://www.foxnews.com/politics/ex-law-enforcement-officials-warn-bidens-menthol-cigarette-ban-create-vacuum-mexican-cartels
OldManFromKS,
LOL!
Human trafficking on the Southern border, ignored.
Drug trafficking on the Southern border, ignored.
People on the FBI terrorist watch list coming through the Southern border, ignored.
Illegal menthol cigarette trafficking on the Southern border . . . finally, the Biden admin would do something to secure the border to stop all those illegal menthol cigarette trafficking!
Remember this rule:
cigarette smoke = politically incorrect
marijuana smoke = politically correct
so Democrats are trying to force people on to daily Pot ?
so where are Obamas going to buy their cigarettes?
Turley is a bit out of touch I’m afraid. Menthol smokes are the fave of many, many African-American folks. Do with that what you will…
“It is akin pushing green energy policies by banning a non-electric car model because it is wildly popular.” Just like banning a specific, wildly popular, rifle because it *LOOKS* scary.
JAFO,
Right?
The Nanny state is alive and well. What’s difficult to understand is how so many allow our freedoms to be taken away one at a time. Reverse Occam’s Razor? We don’t mind losing what we consider a minuscule loss that doesn’t effect us as we don’t want to consider losses that may take some thought and understanding?
Absolutely irreconcilable with promoting transgender surgery on minors. Don’t the prog/left screechers see the hypocrisy in this? Big daddy government wants to protect you from menthol cigarettes because (put in what ever crazy reason they have come with here) but they see nothing wrong with allowing the LGBT?? community to push this untested and life-altering surgery that is, at this point an untested anthropological fantasy experiment. How cannot average citizens not see the insanity in this party?
They see thier hypocrisy, mama. In fact, they’re quite proud and wear it front and center in their daily lives.
I am not sure that they are educated enough to realize that what they are proud of is so ironically hypocritical. They have been so totally indoctrinated about so much that they are rudderless when it comes to critical, logical thinking. They may be proud of their membership in that fanatical group, but they do not have the first clue as to how lame they appear to people that possess common sense.
I believe the adults do indeed have a clue and then some. They simply don’t care – to their own eventual demise, yes. But they don’t yet realize just how quickly ‘their own’ will likely to turn on them for the slightest misstep.
JAFO
Reminds of a epitaph
2018 gave up cigarettes
2019 quit alcohol
2021, stopped red meat
2022 went gluten free
2023 died anyway
…2024, gave up oxygen. 😊
So, … you think that menthol should or shouldn’t be banned?
I guess no one explains it is toxic to the liver.
it is toxic to the liver.
So is Tylenol. But they aren’t banning Tylenol.
A pharmacist once told me that people have been known to commit suicide using Tylenol. Consequently I bought a different brand.
I guess no one explains it is toxic to the liver.
If you work in a peppermint factory, perhaps it can be toxic if you lick the samples. Otherwise, menthol is not toxic to the liver. Menthol is included in throat lozenges, intranasal inhalers, lotions, pain creams, foods, and others. Then again, gas stoves are superior, more efficient and less costly to use compared electric stoves. It’s just that Biden’s handlers find scientific evidence too difficult to read, never mind understand. Screaming and pointing fingers are just easier, especially if you’re ingesting menthol, hitting Hunter Biden’s pipe and hanging out at the White House press room where bags of cocaine are found. No judgement!
/ sarc
Menthol is a monocyclic terpene alcohol, which is present naturally in peppermint and can be synthesized artificially as well. Generally, it is considered as very safe and has wide usage in medicine and food. There are case reports of toxicity due to excessive consumption of menthol, but a fatal intoxication has never been reported in the medical literature. We present a case of fatal menthol intoxication in a worker, who accidently got exposed when he was working in a peppermint factory. Emergency physicians must keep in mind this extremely rare manifestation of menthol poisoning.
Kumar A, Baitha U, Aggarwal P, Jamshed N. A fatal case of menthol poisoning. Int J Appl Basic Med Res. 2016 Apr-Jun;6(2):137-9. doi: 10.4103/2229-516X.179015.
Bring on the peppermint schnapps!
legalize crack, outlaw menthol. Yep that’s great logic.
I remember a man died in the hands of police that were arresting him for selling onesies. Single cigarettes. The govt decided selling onesies was a problem.
The govt rarely gets thing right.