120 organizations call on the UN to recommend banning menthol in the United States

Action on Smoking and Health (ASH), the African American Tobacco Control Leadership Council (AATCLC), and the DC Tobacco-Free Coalition coordinated a call from 120 organizations to the Committee on the Elimination of Racial Discrimination (CERD), the UN's international human rights body, for the United States to protect all Americans from menthol, and thus their right to health. This includes protecting them from the tobacco industry's deliberate and specific targeting of menthol to certain population groups.[1].

The CERD monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination by countries that, like the United States, have ratified this treaty. As the United States is scheduled to report on its progress at the CERD meeting on August 11-12, 2022, a report was submitted to CERD, a report written by ASH, AATCLC and the DC Tobacco-Free Coalition which demonstrated that the tobacco industry aggressively and discriminatorily targets certain communities, particularly African-Americans.

A call for a complete ban on menthol and ratification of the Framework Convention

The report calls on the United States to ratify the Framework Convention on Tobacco Control of the World Health Organization, and to act quickly to ensure a complete ban on menthol in tobacco products.

Although the U.S. Food and Drug Administration (FDA) has proposed removing menthol as a flavoring characteristic of tobacco products, this process is likely to take many years. Therefore, a formal recommendation from CERD would help exert international pressure to accelerate the process of developing and implementing regulations, resisting tobacco industry infiltration attempts, and thus protect African Americans from the industry and menthol.

Menthol product consumption remains high in the United States

In the United States, while smoking prevalence has continued to decline for years, the use of menthol tobacco and nicotine products remains high. Menthol cigarettes account for 35% of cigarette sales and are consumed primarily by adolescents, young adults, women, and African Americans due to targeted and aggressive marketing by the tobacco industry.[2].

Nearly nine in ten African-American smokers (88.5%) smoke menthol cigarettes, twice as many as those in other population groups. Evidence shows that predominantly Black communities across the country receive more advertising for these cigarettes, which are sold to them at lower prices. For example, in Washington, DC, stores located in predominantly Black neighborhoods are 10 times more likely to display menthol tobacco advertisements inside and outside than those located in neighborhoods with fewer African-American residents.

Keywords: menthol, United States, ban, human rights, CERD, United Nations

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[1] Press release, 120 Organizations Call on UN Committee to Recommend US Remove Menthol, Action for Smoking and Health, published August 9, 2022, accessed August 10, 2022

[2] Tobacco-free generation, US: Menthol Ban Would Save 650,000 Lives by 2060, published September 13, 2021, accessed August 10, 2022