SPONSORED:

House approves bill banning flavored tobacco products

A ban on flavored e-cigarettes and tobacco products passed the House on Friday but divided Democrats, with some saying it unfairly targets African Americans.

The bill, which passed 213-195, was sponsored by Energy and Commerce Committee Chairman Frank Pallone Jr. (D-N.J.) and Rep. Donna ShalalaDonna Edna ShalalaTrump, Biden final arguments at opposite ends on COVID-19 Britain to infect healthy individuals with coronavirus for vaccine trials 'Nodding Woman' behind Trump at town hall is former House candidate MORE (D-Fla.), a Health and Human Services secretary under former President Clinton. It is intended to curb the rise of youth vaping rates by banning non-tobacco flavors such as mint and mango that public health experts say lure children into smoking.

It would also ban menthol cigarettes, which are disproportionately used by African Americans after years of targeted marketing by tobacco companies.

While most Democrats supported the measure, some members of the Congressional Black Caucus (CBC) voted against the bill, worrying it could give police a way to target African Americans.

ADVERTISEMENT
“This legislation has dire, unintended consequences for African Americans,” said Rep. Yvette ClarkeYvette Diane ClarkeLawmakers call for small business aid at all levels of government The Hill's Morning Report - Sponsored by Facebook - Washington on edge amid SCOTUS vacancy The Hill's 12:30 Report - Presented by Facebook - Top tech executives testify in blockbuster antitrust hearing MORE (D-N.Y.), a member of the CBC. “Law enforcement would have an additional reason to stop and frisk menthol tobacco users because menthol would be considered illegal under this ban.” 
 
She also took issue with the fact that the bill exempts premium cigars favored by white people but took aim at products used by black people. 
 
"The message that we're sending is that, you know, for poorer communities — communities with less franchise that are gonna be over-policed — we're going to add an extra burden to them,” Clarke told The Hill on Thursday. 
 
A total of 17 Democrats including Clarke voted against the bill: Anthony Brindisi (N.Y.), G.K. ButterfieldGeorge (G.K.) Kenneth ButterfieldCongress must protect kidney disease patients during the COVID-19 pandemic The time for HELP is now: Senate should pass bill to expedite recovery following natural disasters Rep. Clyburn on Confederate statues: Mob action is no answer MORE (N.C.), Lizzie Fletcher (Texas), Marcia FudgeMarcia Louise FudgeOfficials urge social media groups to weed out election disinformation targeting minority voters Letter from Trump taking credit for aid now mandated in government food boxes: report This week: House returns for pre-election sprint MORE (Ohio), Jared Golden (Maine), Kendra HornKendra Suzanne HornBiden's oil stance jars Democrats in tough races Biden: 'I would transition from the oil industry' Energized by polls, House Democrats push deeper into GOP territory MORE (Okla.), Hank JohnsonHenry (Hank) C. JohnsonDemocratic senators unveil bill to ban discrimination in financial services industry Five takeaways as panel grills tech CEOs Lawmakers, public bid farewell to John Lewis MORE (Ga.), Conor Lamb (Pa.), Al LawsonAlfred (Al) James LawsonFlorida Democrat introduces bill to recognize Puerto Rico statehood referendum The Hill's Campaign Report: Biden's virtual campaign swings through Florida House approves bill banning flavored tobacco products MORE (Fla.), Elaine LuriaElaine Goodman LuriaHouse lawmakers call for continued assistance to Lebanon On The Money: Sides tiptoe towards a COVID deal, but breakthrough appears distant | Expiring benefits raise stakes of stimulus talks | Stocks fade with eyes on Capitol Democrat urges IRS to quickly process Gold Star families' refund requests MORE (Va.), Ben McAdams (Utah), A. Donald McEachinAston (Donale) Donald McEachinOVERNIGHT ENERGY: Biden pledges carbon-free power by 2035 in T environment plan | Trump administration has been underestimating costs of carbon pollution, government watchdog finds | Trump to move forward with rollback of bedrock environmental law Trump to move forward with rollback of bedrock environmental law Sanders-Biden climate task force calls for carbon-free power by 2035 MORE (Va.), Collin PetersonCollin Clark PetersonEnergized by polls, House Democrats push deeper into GOP territory Democrats, GOP fighting over largest House battlefield in a decade Why the Supreme Court must be kept at nine justices MORE (Minn.), Cedric RichmondCedric Levon RichmondThe Hill's Morning Report - Sponsored by Facebook - Trump combative, Biden earnest during distanced TV duel Cedric Richmond's next move: 'Sky's the limit' if Biden wins Democrats preview strategy on Barrett's Supreme Court confirmation hearings this week MORE (La.), Abigail SpanbergerAbigail Davis SpanbergerChamber-backed Democrats embrace endorsements in final stretch Spanberger's GOP challenger raises over .8 million in third quarter Murphy: Russia will become more of a threat to US election while Trump is in quarantine MORE (Va.) and Bennie ThompsonBennie Gordon ThompsonLong-shot Espy campaign sees national boost in weeks before election House chairman asks Secret Service for briefing on COVID-19 safeguards for agents Hillicon Valley: House panel says Intelligence Community not equipped to address Chinese threats | House approves bill to send cyber resources to state, local governments MORE (Miss.).
 
Concern over the bill grew this week when the the American Civil Liberties Union, which has a strong pull in the Democratic Party, circulated a letter outlining its opposition.

“We hope we can work together to avoid repetitions of policies that are intended to protect youth and communities of color, but instead only further engrain systemic criminalization and racism,” the letter reads.
 
But other members of the CBC noted Friday that tobacco companies have targeted African Americans for years in their “predatory” marketing of menthol products, putting them at risk for smoking-related disease and death.

“Smoking cigarettes, especially menthol flavored cigarettes, has resulted in approximately 45,000 African American deaths each and every year,” said Rep. Bobby RushBobby Lee RushHillicon Valley: Judge's ruling creates fresh hurdle for TikTok | House passes bills to secure energy sector against cyberattacks | Biden campaign urges Facebook to remove Trump posts spreading 'falsehoods' House passes bills to secure energy sector against cyberattacks Congress should investigate OAS actions in Bolivia MORE (D-Ill.)

Rep. Sheila Jackson LeeSheila Jackson LeePocan won't seek another term as Progressive Caucus co-chair Grand jury charges no officers in Breonna Taylor death Hillicon Valley: Murky TikTok deal raises questions about China's role | Twitter investigating automated image previews over apparent algorithmic bias | House approves bill making hacking federal voting systems a crime MORE (D-Texas), another member of the CBC, said on the House floor, “I’m not here to target people of color. I’m here to save lives.”

Speaker Nancy PelosiNancy PelosiTrump expressed doubt to donors GOP can hold Senate: report Senators battle over Supreme Court nominee in rare Saturday session Sunday shows preview: Trump, Biden gear up for final sprint to Election Day MORE (D-Calif.), aware of the opposition from some members of the CBC, touted support for the bill on Thursday from the NAACP, the National Black Nurses Association and the National Medical Association, which represents African American doctors and their patients.

African Americans are much more likely to use menthol cigarettes than white smokers, and are more likely to die from smoking-related illnesses, according to the Centers for Disease Control and Prevention.

ADVERTISEMENT
Democrats hope to pass the bill to present a contrast to the Trump administration’s approach to youth vaping rates. The Food and Drug Administration (FDA) began enforcing a limited ban earlier this month on flavored pod-products, like those sold by Juul, with exemptions for menthol and tobacco flavors. It also exempted open-tank and disposable e-cigarettes.

The bill would also ban online sales of e-cigarettes and restrict advertising and marketing of those products. 

“We need to ban flavors across the board because that’s what masks the nicotine and makes people think that it’s OK,” Pallone said.

An estimated 5.4 million middle and high school students were using e-cigarettes in 2019, according to government data. 
 
Leading public health groups that support the legislation, including the American Cancer Society, American Heart Association and the American Lung Association, argue the bans represent the best way to tamp down rising youth vaping rates.

Public health experts have argued for years that menthol cigarettes should be banned. Menthol helps reduce the harshness of cigarette smoke, making it harder to quit, experts say. 
 
While the U.S. has made great strides in reducing smoking rates, smoking is still responsible for more than 480,000 deaths per year, according to the CDC. 
 
The Senate is unlikely to consider the bill, and President TrumpDonald John TrumpObama slams Trump in Miami: 'Florida Man wouldn't even do this stuff' Trump makes his case in North Carolina, Ohio and Wisconsin Pence's chief of staff tests positive for COVID-19 MORE’s advisers said Thursday they would recommend he veto it in its current form.