Intense lobbying around the ban of menthol in New York State

Faced with the impressive lobbying resources of cigarette companies Altria and RJ Reynolds to oppose the proposed ban on menthol in all tobacco products in this state, a coalition of health stakeholders has mobilized exceptional resources to support the project. Solicited by these two poles and mainly affected by the consumption of menthol cigarettes, the African-American community is advancing divided in this debate.

The Food and Drug Administration (FDA) banned menthol flavors in cigarettes and cigars on April 29, 2021. However, the validation of this ban and the legal challenges expected from tobacco manufacturers are expected to take several years before this decision becomes effective. The states of Massachusetts and California have, in parallel, initiated their own procedure to ban menthol.

New York Governor Kathy Hochul has also tabled a bill to ban menthol in all tobacco products (flavored cigarettes, cigars and cigarillos, as well as snus and snuff or chewing tobacco), along with a $1 increase on all cigarettes.[1]The menthol ban bill has sparked intense and costly lobbying between pro- and anti-smoking groups, which has resulted in opposition among Ms. Hochul's African-American allies.

Rivalry in the sums invested in menthol lobbying

To counter this proposed ban, the two main producers of menthol cigarettes, Altria (Marlboro and Parliament brands) and RJ Reynolds (a subsidiary of British American Tobacco, Newport and Camel brands), have used their lobbying networks. More than twelve lobbying firms have received 1.4 million US dollars (1.27 million euros) for 2023, including 400,000 US dollars committed in the months of January and February alone, to besiege the governor, her cabinet and elected officials.

The two cigarette companies also funded the New York Convenience Stores Association, with Altria providing $70,000 and RJ Reynolds providing $66,000, allowing it to afford an $11,000 social media advertising and influence campaign. Altria and the association are also represented by the same lobbying firm, Ostroff Associates. With menthol cigarette sales currently accounting for 30 percent of cigarette sales, small businesses that have largely focused on tobacco sales see the ban as a threat to their survival.

True to its tradition of funding both major political parties and attentive to return on investment, Altria has also contributed to the electoral campaigns of both Republican and Democratic candidates in the state of New York, to the tune of 174,350 US dollars over the past year.

Public health actors have also committed significant resources to this campaign to lobby against the menthol ban. Funded by Bloomberg Philanthropies, the Campaign for Tobacco-Free Kids (CTFK) organization has given lobbying firm Pythia Public $1.15 million (€1.27 million) for a multimedia campaign online, on social networks and on television, in favor of banning menthol. "This is one of the rare times when, financially, it's a fair fight." said Blair Horner, head of the New York Public Interest Research Group, a consumer group that supports banning menthol.

The African-American community torn between two camps

The African-American community, which is the first to be affected by the consumption of menthol cigarettes, has been heavily solicited by both sides. As in other states, tobacco companies have mobilized pastors and certain civil rights figures, and have sown discord among African-American elected officials in favor of Ms. Hochul's proposal. The argument of racial discrimination against black smokers, already brandished in Californiae, to Detroit and in New York City, has been exploited again. The mother of Eric Garner, a cigarette dealer shot dead by police in 2014, for example, spoke out at a recent protest against a menthol ban. In New York City in 2019, this strategy helped the tobacco industry push back against a similar ban.

The coalition of public health stakeholders, led by the American Cancer Society, also mobilized African-American elected officials and representatives of associations such as the National Association for the Advancement of Colored People (NAACP). African-American elected officials who supported the ban thus demanded that economic interests not prevail over the health of African-American citizens. They pointed out that if 85% of African-American smokers smoke menthol cigarettes compared to only 30% of white smokers, this is the result of advertising targeting the African-American population over several decades.

Designed to protect young people from smoking and to help current smokers quit, New York State’s ban on menthol in cigarettes has also become a national issue. Now, behind the scenes, Governor Hochul is continuing negotiations with state Democratic leaders, defending both the menthol ban and the price hike on cigarettes, but at the expense of much-needed transparency on these issues.

For more information on the menthol issue, see our decryption.

Keywords: New York State, menthol, lobbying, African-Americans.

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[1] Ferré-Sadurni L, Black Smokers at Center of New York Fight to Ban Menthol Cigarettes, The New York Times, published April 23, 2023, accessed April 24, 2023.