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Banning Menthol Cigarettes: California-Based Advocacy Group Joins Suit Against Federal Govt.

A California based non-governmental organization, The African American Tobacco Control Leadership Council (AATCLC), has joined two other public health advocacy groups in a second lawsuit against the U.S. Food and Drug Administration (FDA) for the agency’s inaction on issuing a final rule banning menthol cigarettes.

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“Menthol cigarettes have had a devastating and disproportionate impact on the health of Black Americans,” said Yolanda Lawson, President of the NMA. “Smoking related diseases are the number one cause of death in the Black community.”
“Menthol cigarettes have had a devastating and disproportionate impact on the health of Black Americans,” said Yolanda Lawson, President of the NMA. “Smoking related diseases are the number one cause of death in the Black community.”

By Edward Henderson, California Black Media  

A California based non-governmental organization, The African American Tobacco Control Leadership Council (AATCLC), has joined two other public health advocacy groups in a second lawsuit against the U.S. Food and Drug Administration (FDA) for the agency’s inaction on issuing a final rule banning menthol cigarettes.

The suit, filed by Christopher Leung of Leung Law, PLLC on behalf of the AATCLC, Action on Smoking and Health (ASH) and the National Medical Association (NMA) comes more than seven months after the FDA’s established date for finalizing a new rule against menthol cigarettes.

“We are a group of Californians, although we have expanded now. We were formed in 2008 to inform and direct the activities of commercial tobacco control and prevention as they affect African Americans and African immigrants in this country,” said Carol McGruder, co-chair of the AATCLC.

McGruder was speaking during a press briefing April 2 organized to announce the lawsuit. with representatives from the ASH, NMA and other organizations.

“Menthol cigarettes have had a devastating and disproportionate impact on the health of Black Americans,” said Yolanda Lawson, President of the NMA. “Smoking related diseases are the number one cause of death in the Black community.”

The lawsuit also follows the FDA’s 15-year delay in creating national policy that would ban cigarettes made with compound menthol, a minty substance that cigarette makers infuse into their tobacco products, making them more addictive and harmful.

Despite significant reductions in overall smoking rates in the US, smoking among poor, less educated and marginalized groups remains high. Every year, 45,000 Black Americans prematurely die from tobacco-caused diseases. An estimated 85% of them smoked menthol cigarettes.

“This disproportionate use of menthol cigarettes among Black Americans is not a coincidence,” Dr. Yerger continued. “I was one of the first tobacco documents researchers out of UCSF who exposed the tobacco industry’s systematic, predatory marketing schemes to dump highly concentrated menthol cigarette marketing into urban inner-city areas.”

In 2011, the FDA’s own scientific advisory committee concluded that the “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.”

If the sale of menthol-flavored cigarettes is indeed banned, the FDA projects a 15.1% drop in smoking within 40 years, which would help save between 324,000 to 654,000 lives.

As a result of the Plaintiffs’ first lawsuit, the FDA made the landmark determination to add menthol to the list of banned characterizing flavors in cigarettes.

On the contrary, tobacco-aligned groups in the past have argued that banning menthol cigarettes would be impact federal and state budgets with the loss of nearly $6.6 billion in cigarette sales taxes. Menthol cigarettes account for over one-third of the U.S. cigarette market.

Other arguments from tobacco-backed groups include unintended consequences of a ban such as increased policing in Black and Brown communities due to contraband cigarettes. However, health advocates have dismissed this claim stating the ban would apply to companies that make or sell menthol cigarettes, not individual smokers.

By law, the United States has two months to respond to the lawsuit. The feds can respond to it or file a motion to dismiss.

If the suit is successful, the FDA would have 90 days to make a final ruling.

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Oakland Post: Week of September 11 -17, 2024

The printed Weekly Edition of the Oakland Post: Week of September 11 – 17, 2024

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California Black Media

Republicans and Democrats Spar Over Bill That Would Allow Some Life Sentences to be Overturned

California Senate and Assembly Republicans are rallying against Senate Bill (SB) 94, legislation that would allow people sentenced to life in prison without the possibility of parole to petition the court for a lighter sentence. The bill authored by Senator Dave Cortese (D-San Jose), would enable the court to resentence people imprisoned without the possibility of parole if the individual has served a minimum of 25 years and if their offense occurred before June 5, 1990.

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By Bo Tefu, California Black Media

California Senate and Assembly Republicans are rallying against Senate Bill (SB) 94, legislation that would allow people sentenced to life in prison without the possibility of parole to petition the court for a lighter sentence.

The bill authored by Senator Dave Cortese (D-San Jose), would enable the court to resentence people imprisoned without the possibility of parole if the individual has served a minimum of 25 years and if their offense occurred before June 5, 1990.

According to SB 94, only individuals convicted under “special circumstance murder” would be eligible to petition for a new sentence. The proposed law would not apply to individuals that committed murder in an egregious manner such as torture, poison, lying in wait, rape by instrument, mayhem, and other offenses, according to Cortese.

Republican Senators released an extensive analysis of the bill outlining how it undermines public safety and arguing that the early release of violent criminals is “an affront to victims, their families and people concerned about crime rates statewide.”

At a press conference on Aug. 22, Senate Minority Leader Brian W. Jones (R-San Diego), joined other GOP lawmakers in denouncing the bill, asserting that freedom is a right reserved for law-abiding citizens.

“When violent murderers brutally take a life, they lose their right to freedom,” said Jones.

“Now, radical Democrat politicians want to bring these violent offenders back into our communities. Releasing heinous murderers after promising justice to the victims’ families is not just disrespectful, it’s dangerous,” he said.

Pushing back on the criticisms from across the aisle, Cortese put out on statement stating that Republicans are spreading misinformation about the bill. Cortese reiterated that the bill would not release people from prison, rather it would send people to judicial court, State Parole Board, and the Governor. .

“At each level, public safety is paramount, by utilizing the four-tiered process we are ensuring that only those who have rehabilitated pursuant to a Judicial Court, the Parole Board, and our Governor have the potential to be released. All three must agree. Only those having already served a minimum of 25 years may request a hearing,” said Cortese.

“I would encourage everyone to read the bill and read our proposed amendments,” Cortese added.

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California Black Media

Opinion: California’s Historic Partnership to Save Journalism Creates a Critical Way Forward for News Publishers

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Regina Wilson is the Executive Director of California Black Media.

By Regina Wilson, California Black Media

Last week, California arrived at a turning point in the decades-long quest to find a solution to the news crisis in our state.

Assemblymember Buffy Wicks (D-Oakland) brokered a deal that promises to change the future of news in our state. This isn’t just another plan — it’s a unique collaboration that brings together the State of California, news publishers and tech companies, to give our newsrooms the financial support they desperately need.

It also includes the launching of a new National AI Accelerator to explore how artificial intelligence can help journalism thrive in today’s digital world.

This partnership couldn’t come at a more critical time. Local journalism is on life support across our state. Across the country, news outlets are shrinking or shutting down at an alarming rate, leaving communities without vital information. A recent study from Northwestern University found that two and a half newspapers in the U.S. close every week. Since 2005, we’ve lost two-thirds of our newspaper journalists. In California alone, over 100 newspapers have disappeared in the last decade.

Assemblymember Wicks, along with the state and other key players, have come up with a pragmatic way to address this crisis. They’ve created an agreement to revive local journalism in California by using tech industry and public resources — without raising taxes on Californians.

Over the next five years, more than $250 million in public and private funding will go to California’s newsrooms, especially small, local, and community-focused outlets. This isn’t just about saving what’s left. It’s about creating a future where journalism can be strengthened enough to resume its critical roles as interpreter of current events; watchdog of developments in business and public policy; and reliable source of news and information.

 

As the Executive Director of California Black Media, I can’t stress enough how important this initiative is for ethnic and community media outlets. We’ve always been the trusted voices for historically underrepresented communities, providing news and information that larger outlets often overlook or under-explore. For many of us, this funding could mean the difference between staying open and closing down.

 

Gov. Gavin Newsom’s support for this initiative, along with his backing of AB 1511, authored by Assemblymember Miguel Santiago (D-Los Angeles), demonstrates the administration’s strong commitment to local and underrepresented media. AB 1511 seeks to increase the state’s investment in marketing, advertising, and outreach dollars directed specifically to our local community news providers.

 

It’s important to note that this partnership is just the beginning. As Assemblymember Wicks said, this effort is about laying the foundation for a free and vibrant press in California.

As we move forward, I encourage all stakeholders — publishers, journalists, community leaders, and policymakers — to come together and make the most of this opportunity. The future of California’s media landscape is at a crossroads, and with the right support, we can ensure it is incrementally funded to become more diverse, dynamic, and democratic.

 

About the Author

Regina Wilson is the Executive Director of California Black Media.

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