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 ShalalaRepublican women break barriers in House on election night John Leguizamo: Trump was more 'aggressive' about courting Latino vote Latino voters propel parties to victory in Florida, Arizona 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.

“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 FudgeOVERNIGHT ENERGY: Republicans in campaign mode for top spots on House environmental committees | Peterson loss prompts scramble for House Agriculture chair Peterson loss prompts scramble for House Agriculture chair Officials urge social media groups to weed out election disinformation targeting minority voters MORE (Ohio), Jared Golden (Maine), Kendra HornKendra Suzanne HornRepublican women break barriers in House on election night Chamber-endorsed Dems struggle on election night Overnight Defense: How members of the Armed Services committees fared in Tuesday's elections | Military ballots among those uncounted in too-close-to-call presidential race | Ninth US service member killed by COVID-19 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 LuriaChamber-endorsed Dems struggle on election night Overnight Defense: How members of the Armed Services committees fared in Tuesday's elections | Military ballots among those uncounted in too-close-to-call presidential race | Ninth US service member killed by COVID-19 Luria holds onto Virginia House seat 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 PetersonRepublican women break barriers in House on election night Business groups scramble to forge ties amid race for House Agriculture chair OVERNIGHT ENERGY: Republicans in campaign mode for top spots on House environmental committees | Peterson loss prompts scramble for House Agriculture chair MORE (Minn.), Cedric RichmondCedric Levon RichmondDemocrats accuse Kushner of 'casual racism' over comments about Black Americans The 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 MORE (La.), Abigail SpanbergerAbigail Davis SpanbergerDemocrats' post-election 'family meeting' descends into chaos Chamber-endorsed Dems struggle on election night Democrats poised for House gains with boost from Trump-won districts MORE (Va.) and Bennie ThompsonBennie Gordon ThompsonHouse Democrats introduce bill to invest 0 billion in STEM research and education Long-shot Espy campaign sees national boost in weeks before election House chairman asks Secret Service for briefing on COVID-19 safeguards for agents 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 PelosiOvernight Health Care: US shatters single day COVID record with over 100,000 cases | Pelosi announces COVID-19 testing expansion for House | Two states to require masks in public at all times Democrats' post-election 'family meeting' descends into chaos Pelosi announces COVID-19 testing expansion for House 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.

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.

The Senate is unlikely to consider the bill, and President TrumpDonald John TrumpBiden pulls ahead of Trump in Georgia Biden takes lead in Georgia, makes gains in Pennsylvania Gore: This election is 'completely different' than 2000 MORE’s advisers said Thursday they would recommend he veto it in its current form.