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FILE - In this June 11, 2007 file photo, Helen Heinlo smokes outside of a coffee shop in Belmont, Calif. Some smokers trying to get coverage in 2014 under President Barack Obama?s health care law may get a break from tobacco-use penalties that could have made their premiums unaffordable. The Obama administration _ in yet another health care overhaul delay _ has quietly notified insurers that a computer system glitch will limit penalties that the law says the companies may charge smokers. A fix will take at least a year to put in place. (AP Photo/Paul Sakuma, File)
RICHMOND, Va. >> A Food and Drug Administration review concludes that menthol cigarettes likely pose a greater public health risk than regular cigarettes but does not make a recommendation on whether to limit or ban the minty smokes — one of the few growth sectors of the shrinking cigarette business.
The federal agency released the independent review on Tuesday and is seeking input from the health community, the tobacco industry and others on possible restrictions on the mint-flavored cigarettes.
The FDA evaluation concluded that there is little evidence to suggest that menthol cigarettes are more or less toxic or contribute to more disease risk to smokers than regular cigarettes. However, there is adequate data to suggest that menthol use is likely associated with increased smoking initiation by younger people and that menthol smokers have a harder time quitting, the review said.
There’s also evidence indicating that menthol’s cooling properties can reduce the harshness of cigarette smoke and that menthol cigarettes are marketed as a smoother alternative, the review said.
“Menthol cigarettes raise critical public health questions,” Mitch Zeller, director of the Center for Tobacco Products, said in a conference call with reporters.
Zeller said there’s “no holdup” on the FDA proposing restrictions on menthol but that there are still “some important questions” that need to be answered. The agency is commissioning further research.
A 2011 FDA advisory panel report, which was mandated under the 2009 law giving the agency the authority to regulate tobacco, made many of the same findings, and said that removing menthol cigarettes from the market would benefit public health and highlighted greater use among minorities, teenagers and low-income people. Panels like the tobacco committee advise the FDA on scientific issues. The agency doesn’t have to follow its recommendations, but often does.
Meanwhile, a tobacco industry report to the FDA acknowledged that all cigarettes are hazardous but said there’s no scientific basis for regulating menthols differently. The industry also has raised concerns that restrictions on menthol would lead to a black market for the cigarettes.
Menthol cigarettes are one of the few growth areas in a shrinking cigarette market. The percentage of U.S. cigarette smokers using menthol brands grew from 33.9 percent in 2008 to 37.5 percent in 2011, according to a study by the federal Substance Abuse and Mental Health Services Administration, with more significant growth among younger smokers.
The FDA is “simply kicking the can down the road,” Joseph Califano Jr., former U.S. Secretary of Health, Education and Welfare under President Jimmy Carter, and Louis Sullivan, former Health and Human Services Secretary for President George H.W. Bush, said in a joint statement. Along with other public health advocates Tuesday, they urged the agency to ban menthol cigarettes. “The failure of this administration to act undermines the public health and is particularly harmful to vulnerable young Americans and African-Americans,” they said.
A menthol ban or other restriction on the flavored cigarettes would fall heavily on Lorillard Inc., whose Newport brand is the top-selling menthol cigarette in the U.S., with nearly 38 percent of the market. Lorillard, based in Greensboro, N.C., is the country’s third-largest tobacco company.
CEO Murray Kessler said in a statement that Lorillard looks forward to participating in the regulatory process and reiterated its long-held belief that menthol cigarettes shouldn’t be treated differently.
The move comes ahead of a Wednesday deadline for the U.S. to respond to the World Trade Organization’s findings last year that the FDA’s ban on manufacturing, importing, marketing and distributing candy-, fruit- and clove-flavored tobacco breaks trade rules because it exempts menthol cigarettes, most of which are made in the U.S.. The investigation was launched following a request from Indonesia, which claims more than 6 million of its people depend on the production of clove cigarettes — a staple of the country’s smoking culture.
