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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.

Activism

Griot Theater Company Presents August Wilson’s Work at Annual Oratorical Featuring Black Authors

The performance explores the legacy of Pulitzer Prize-winning playwright August Wilson whose 10-play Century Cycle chronicles the African American experience across the 20th century, with each play set in a different decade. “Half a Century” journeys through the final five plays of this monumental cycle, bringing Wilson’s richly woven stories to life in a way that celebrates history, resilience, and the human spirit.

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Late playwright August Wilson. Wikipedia photo.
Late playwright August Wilson. Wikipedia photo.

By Godfrey Lee

Griot Theater Company will present their Fifth Annual Oratorical with August Wilson’s “Half a Century,” at the Belrose on 1415 Fifth Ave., in San Rafael near the San Rafael Public Library.

The performance explores the legacy of Pulitzer Prize-winning playwright August Wilson whose 10-play Century Cycle chronicles the African American experience across the 20th century, with each play set in a different decade. “Half a Century” journeys through the final five plays of this monumental cycle, bringing Wilson’s richly woven stories to life in a way that celebrates history, resilience, and the human spirit.

Previous performance highlighting essential Black American authors included Maya Angelou, James Baldwin, and Lorraine Hansberry with Langston Hughes.

The play will be performed at 3:00. p.m. on Feb. 20, 21, 22, 27, and 28 at 7:00 p.m., and on Feb. 23 at 3:00 p.m.

For more information, go to griottheatercompany.squarespace.com/productions-v2

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Activism

Two New California Bills Are Aiming to Lower Your Prescription Drug Costs

“When basic life necessities like medication become unaffordable in Blue States, working people pay the price. As Democrats, we should be leading on making people’s lives better and more affordable,” continued Weiner. It is past time California caught up with other states and put basic protections in place to contain the astronomical cost of basic medications.”

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iStock.
iStock.

By Edward Henderson, California Black Media

Sen. Scott Wiener (D-San Francisco) has introduced two bills in the State Senate that could lower prescription drug prices for California residents.

Senate Bill (SB) 40, or the Insulin Affordability Act — and accompanying legislation, SB 41, or Pharmacy Benefit Manager (PBM) Reform — comprise Wiener’s Prescription Drug Affordability (PDA) Package.

Together, the bills would cap monthly co-pays for insulin at $35 (SB 40) and create regulations for pharmacy benefit managers (PBM) whose negotiation practices, critics say, have resulted in steep price increases for prescription drugs (SB 41).

“It makes no sense that people with diabetes in states like West Virginia can access affordable insulin while Californians are stuck with higher prices,” said Wiener in a statement.

“When basic life necessities like medication become unaffordable in Blue States, working people pay the price. As Democrats, we should be leading on making people’s lives better and more affordable,” continued Weiner. It is past time California caught up with other states and put basic protections in place to contain the astronomical cost of basic medications.”

SB 40’s proposed $35 monthly co-pay was written, in part, in response to the price of insulin tripling over the past decade, Wiener’s office says. As a result of the increase, one in four people using insulin has reported insulin underuse because they can’t afford the full dose.

About 4,037,000 adult Californians have diabetes, with an additional 263,000 cases of Type 1 diabetes diagnosed each year. This rate in new cases disproportionately affects the elderly, men, and low-income patients, Wiener’s office reports.

According to Wiener, SB 41 is his follow-up to similar legislation he introduced last year, SB 966, which was vetoed by Gov. Newsom.

Middlemen in the pharmaceutical industry, PBMs buy prescription drugs from manufacturers and then sell them to pharmacies and health plans. Their position as intermediaries allows them to charge high administrative fees and significantly higher prices for drugs to pharmacies than they paid originally. This practice results in higher costs for patients seeking the prescriptions they need.

“On behalf of the Californians we serve who live with chronic and rare diseases, we are grateful to Sen. Wiener for his commitment and attempt to hold pharmacy middlemen accountable for their anti-patient and anti-pharmacy practices,” stated Liz Helms, California Chronic Care Coalition President & CEO.  “Health care costs continue to rise when patients cannot afford medically necessary medications.”

SB 41 proposes that all PBMs be licensed and that they disclose basic information regarding their business practices to the licensing entity. It also calls for a number of other requirements and prohibitions, including limiting how fees may be charged and requiring transparency related to all fees assessed.

“This bill addresses some of the worst abuses by pharmacy benefit managers: lack of transparency, unfair business practices, steering, and price gouging,” said Jamie Court, President of Consumer Watchdog.

In 2022, drug spending in California grew by 12%, while total health premiums rose by just 4%. Last year, more than half of Californians either skipped or postponed mental and physical healthcare due to cost, putting their safety and well-being at risk. One in three reported holding medical debt, including half of low-income Californians.

So far, there is no organized opposition to the Prescription Drug Affordability package.

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Arts and Culture

Paul Robeson: A Voice for the Ages, A Champion for Justice

Robeson first gained widespread recognition on stage and screen, delivering commanding performances that captivated audiences. Yet, it was his voice in concert halls that sealed his legacy. His repertoire was vast, spanning spirituals, classical compositions, global folk traditions, and songs of struggle — music that carried the weight of the oppressed and the hopes of the marginalized.

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Paul Robeson. Public domain.
Paul Robeson. Public domain.

By Tamara Shiloh

Paul Robeson was born April 9, 1898, in Princeton, New Jersey. At 6’ 3”, he was a towering man of intellect, talent, and conviction. Before he became an international icon, he earned his law degree from Columbia University in 1923, supporting himself by teaching Latin and playing professional football on the weekends. But the law would not hold him for long. His voice had other plans.

Robeson first gained widespread recognition on stage and screen, delivering commanding performances that captivated audiences. Yet, it was his voice in concert halls that sealed his legacy. His repertoire was vast, spanning spirituals, classical compositions, global folk traditions, and songs of struggle — music that carried the weight of the oppressed and the hopes of the marginalized.

In 1921, he married Eslanda Goode, a fellow Columbia student and a journalist with her own remarkable intellect and ambition. Their marriage, which lasted over four decades, was a partnership in every sense. Goode became his manager, encouraging him to leave law behind and fully embrace his calling. In 1927, they welcomed their son, Paul Robeson Jr.

By the mid-1920s, Robeson was making waves in theater. He starred in All God’s Chillun Got Wings (1924) and The Emperor Jones (1925). That same year, he made his film debut in Body and Soul, directed by pioneering Black filmmaker Oscar Micheaux. In 1928, he mesmerized London audiences in Show Boat, where his rendition of Ol’ Man River transformed the song into a powerful anthem of resilience.

Robeson and his family moved to Europe in the late 1920s, and over the next decade, he built an impressive career in both film and music. He starred in Borderline (1930) and later again in the 1933 film adaptation of The Emperor Jones. Over the next few years, he appeared in six British films, including Jericho and Big Fella (both released in 1937). He also starred in the second screen adaptation of Show Boat (1936), alongside Hattie McDaniel and Irene Dunne. However, his final film, Tales of Manhattan (1942), left him deeply disillusioned. He openly criticized its degrading depiction of Black life, signaling his growing commitment to using his platform for activism.

In 1963, after years of political persecution and declining health, Robeson returned to the United States. Following Goode’s death in 1965, he lived quietly with his sister. On January 23, 1976, Robeson passed away from a stroke at the age of 77 in Philadelphia.

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