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The African American Tobacco Control Leadership Council and Action on Smoking and Health Are Joined by the American Medical Association in Their Lawsuit Against the FDA

SAN FRANCISCO–()–The African American Tobacco Control Leadership Council (AATCLC) and Action on Smoking and Health (ASH) have announced that the American Medical Association (AMA) has joined their joint complaint against the FDA. The complaint requests that the court compel the FDA to fulfill its mandate to take action on FDA’s own conclusions that it would benefit the public health to add menthol to the list of prohibited characterizing flavors and therefore ban it from sale.

Read the full complaint here.
View complaint press conference here.
Read speaker comments from press conference.

“Our mission is to save the 45,000 Black lives lost each year from tobacco-induced diseases and we have resolutely pursed that mission since our inception,” said Carol McGruder, founding member and co-chair of the AATCLC. “We are encouraged and strengthened to have the mighty weight of the American Medical Association with us in this fight,” said Carol McGruder, Co-Chair of the African American Tobacco Control Leadership Council.

This lawsuit brings to the forefront the lack of action from the FDA to fulfill its mandate concerning whether menthol products should be taken off the shelves. In 2009, Congress passed—and President Obama signed into law—the Family Smoking Prevention and Tobacco Control Act. The act created a flavor ban in cigarettes but excluded menthol, subject to further research. In 2011, the FDA’s Advisory Committee concluded that the “removal of menthol cigarettes from the marketplace would benefit public health in the United States.”

“For generations, tobacco companies have promoted menthol cigarettes to the African American community, preying especially on African American youth. The results are clear and grim,” said AMA President Susan R. Bailey, MD. “We are proud to join AATCLC and ASH in this effort to compel FDA to meet its mandate and take action to ban menthol-flavored tobacco products. This action is long, long overdue.”

Despite this conclusion, and several statements of support in the interim, the FDA has not begun the rulemaking process of removing menthol from combustible cigarettes. The plaintiffs are asking the court to direct the FDA to take action.

“By continuing to delay, the FDA and the U.S. government are failing to protect the health of U.S. citizens, particularly African Americans, and the U.S. is also falling behind the global trend as countries around the world are increasingly banning menthol,” said Kelsey Romeo-Stuppy, managing attorney at ASH.

Tobacco is the leading cause of preventable death worldwide, smoking-related illnesses are the number one cause of death in the African American community, and 85 percent of African American smokers smoke menthol cigarettes.

“Now is the time for the FDA to step up to the plate and do what it was supposed to do years ago – prohibit the sale of all flavored tobacco products,” said Dr. Phillip Gardiner, founding member and co-chair of AATCLC.

About The African American Tobacco Control Leadership Council (AATCLC)

The AATCLC was formed to educate the public about the effects of tobacco on the Black American and African Immigrant populations, the tobacco industry’s predatory marketing tactics and the need to regulate flavored tobacco products, including menthol cigarettes. To more effectively reach and save Black lives, we also partner with community stakeholders and public serving agencies to inform and direct tobacco control policies, practices and priorities.

https://www.savingblacklives.org/

About Action on Smoking & Health

ASH is America’s oldest anti-tobacco organization, dedicated to a world with ZERO tobacco deaths. Because tobacco is the leading cause of preventable death worldwide, ASH supports bold solutions proportionate to the magnitude of the problem. ASH works both domestically and globally on initiatives that include pushing for legal liability for the tobacco industry, including criminal liability for tobacco executives; changing social norms to end the age of the cigarette, developing and distributing publications and research documents for tobacco control best practices, and demanding respect for basic human rights and protections against the tobacco industry and their products. https://ash.org/

About The American Medical Association (AMA)

The AMA is a powerful ally in patient care, giving strength to physician voices in courts and legislative bodies across the nation. The AMA is dedicated to driving medicine toward a more equitable future, removing obstacles that interfere with patient care and confronting the nation’s greatest public health crises.

https://www.ama-assn.org/

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