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Cal Attorney General Wants FDA Standards for Menthol Cigarettes Finalized

As of June 16, 2022, the Campaign for Tobacco-Free Kids reported that 127 localities in California have passed restrictions on the sale of flavored tobacco products. And at least 108 communities restrict the sale of menthol cigarettes, in addition to other flavored tobacco products.

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Last year, Governor Gavin Newsom called on the FDA to ban menthol cigarettes, stating that it “will be an important step in the right direction.”
Last year, Governor Gavin Newsom called on the FDA to ban menthol cigarettes, stating that it “will be an important step in the right direction.”

Antonio‌ ‌Ray‌ ‌Harvey‌ ‌|‌ ‌California‌ ‌Black‌ ‌Media‌

On June 13, Los Angeles Mayor Eric Garcetti signed into law an ordinance restricting the sale of menthol cigarettes and other flavored tobacco products. The ordinance is set to take effect on Jan. 1, 2023.

Last year, a version of the ordinance that exempted menthol cigarettes was opposed by Black council members Mark Ridley-Thomas, Marqueece Harris Dawson and Curren Price. They argued that studies have found Black Americans are the racial/ethnic group most likely to use menthol cigarettes and are 25 times more likely than white Americans to do so.

“Menthol is included in this ban, as it should be,” Harris-Dawson said before the June vote on the ban was taken. “It is a flavor just like every other flavor and it would have been extremely disappointing if we had said we’re going to protect people and children from uptake of tobacco, except for the flavor that we know Black people first, and Latinos second, use the most.”

As of June 16, 2022, the Campaign for Tobacco-Free Kids reported that 127 localities in California have passed restrictions on the sale of flavored tobacco products. And at least 108 communities restrict the sale of menthol cigarettes, in addition to other flavored tobacco products.

In July, California Attorney General Rob Bonta joined a bipartisan coalition of state attorneys general in urging the U.S. Food and Drug Administration (FDA) to adopt final rules for banning the manufacture and sale of menthol cigarettes and flavored cigars from the U.S. marketplace.

“Every day, hundreds of Californians will smoke their first cigarette and start down a dangerous path with devastating health consequences,” Bonta said in a written statement. “There is no time to waste. I urge the FDA to quickly finalize proposed regulations banning menthol cigarettes and flavored cigars, which predominantly harm young persons and people of color. Any further delay will only cost additional lives.”

The coalition that Bonta joined includes attorney generals from Colorado, Connecticut, Delaware, Illinois, Pennsylvania, Idaho, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, South Dakota, Vermont, the District of Columbia and the territories of Guam, Puerto Rico and the U.S. Virgin Islands.

In the letter to the FDA, the attorneys general coalition highlighted the need to remove these products from the marketplace to protect public health and address the systemic and disproportionate impact of these products on vulnerable minority communities.

The FDA action to remove menthol cigarettes and flavored cigars is long overdue and supported by ample scientific evidence and their “popularity in the Black community is not an accident,” the letter stated.

They cited research that found menthol cigarettes disproportionately harm the health of vulnerable populations, particularly African Americans.

Overwhelming scientific evidence — including the FDA’s own findings and statements — leave no doubt that menthol cigarettes have far-reaching adverse impacts on public health, resulting in more smoking and more death and disease from tobacco use.

A recent study, published in Tobacco Control, found that menthol cigarettes “were responsible for 10.1 million extra smokers, 3 million life years lost and 378,000 premature deaths” between 1980 and 2018.

Menthol flavoring, which disguises the harsh taste of cigarettes, remains a primary reason why young people initiate and become addicted to smoking — with more than half of all adult smokers aged 18-34 introduced to smoking through menthol cigarettes.

Menthol cigarette use is also disproportionately high among LGBTQ+ smokers, smokers with mental health problems, and socioeconomically disadvantaged populations.

In August 2020, Gov. Gavin Newsom signed Senate Bill (SB) 793, a bipartisan effort that eliminated flavored e-cigarettes, including the candy flavors and minty menthol cigarettes, which he said, “lure our kids” into addiction. SB 793, authored by former Sen. Jerry Hill (D-San Mateo), also prohibits the sales of flavored e-liquids used for vaping.

Last year, Newsom called on the FDA to ban menthol cigarettes, stating that it “will be an important step in the right direction.”

“I urge the federal government to follow California’s leadership to protect public health and advance racial equity by moving to ban menthol-flavored cigarettes,” Newsom stated in April 2021. “For decades, Big Tobacco has targeted and profited from Black communities with marketing for minty menthol cigarettes and as a result, smoking-related illnesses are the number one cause of death among Black Americans.”

In their letter, the coalition argues that the FDA’s proposed menthol ban is a critical step for advancing health equity and protecting public health and will not significantly increase illicit trade or preempt state or local restrictions.

“Removing menthol cigarettes from the U.S. market and prohibiting characterizing flavors in cigars is likely to reduce youth smoking initiation, improve smoking cessation outcomes in adult smokers, advance health equity, and benefit public health. Every year of inaction on these fronts costs thousands of lives and adversely affects the health of the public,” the attorneys general of 23 states and territories stated in a signed letter dated Jan. 22, 2021.

On the November 8 General Election ballot is Proposition 31 a referendum challenging SB 793 and aims to lift the current ban preventing stores from selling flavored e-cigarettes, menthol-flavored e-cigarettes and flavored tobacco products. A YES vote keeps the current ban on flavored tobacco products. A NO vote lifts the ban.

Bay Area

Chevron Richmond Installs Baker Hughes Flare.IQ, Real-time Flare Monitoring, Control and Reduction System

While the sight of flaring can cause concern in the community, flares are essential safety systems that burn pollutants to prevent them from being released directly into the atmosphere. They activate during startup and shut-down of facility units or during upsets or equipment malfunctions. The typical flare stack is about 200 feet high so that vapors are well above street levels.

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Image courtesy The Richmond Standard.
Image courtesy The Richmond Standard.

The Richmond Standard

Chevron Richmond recently installed flare.IQ, a real-time, automated system that will improve the facility’s flaring performance.

The technology, developed by Panametrics, a Baker Hughes business, uses sensors to monitor, reduce and control flaring in real time. It collects and assesses data on refinery processes, such as temperature, pressure, gas flow and gas composition, and adjusts accordingly to ensure flares burn more efficiently and cleanly, leading to fewer emissions.

“The cleaner the flare, the brighter the flame can look,” said Duy Nguyen, a Chevron Richmond flaring specialist. “If you see a brighter flame than usual on a flare, that actually means flare.IQ is operating as intended.”

While the sight of flaring can cause concern in the community, flares are essential safety systems that burn pollutants to prevent them from being released directly into the atmosphere. They activate during startup and shut-down of facility units or during upsets or equipment malfunctions. The typical flare stack is about 200 feet high so that vapors are well above street levels.

“A key element in Baker Hughes’ emissions abatement portfolio, flare.IQ has a proven track record in optimizing flare operations and significantly reducing emissions,” said Colin Hehir, vice president of Panametrics, a Baker Hughes business. “By partnering with Chevron Richmond, one of the first operators in North America to adopt flare.IQ, we are looking forward to enhancing the plant’s flaring operations.”

The installation of flare.IQ is part of a broader and ongoing effort by Chevron Richmond to improve flare performance, particularly in response to increased events after the new, more efficient hydrogen plant was brought online in 2019.

Since then, the company has invested $25 million — and counting — into flare minimization. As part of the effort, a multidisciplinary refinery team was formed to find and implement ways to improve operational reliability and ultimately reduce flaring. Operators and other employees involved in management of flares and flare gas recovery systems undergo new training.

“It is important to me that the community knows we are working hard to lower emissions and improve our flaring performance,” Nguyen said.

Also evolving is the process by which community members are notified of flaring incidents. The Community Warning System (CWS), operated by Contra Costa County is an “all-hazard” public warning system.

Residents can opt-in to receive alerts via text, e-mail and landline. The CWS was recently expanded to enable residents to receive notifications for “Level 1” incidents, which are considered informational as they do not require any community action.

For more information related to these topics, check out the resources included on the Chevron RichmondCAER and  Contra Costa Health websites. Residents are also encouraged to follow @chevronrichmond and @RFDCAOnline on Facebook and X (formerly Twitter), where additional information may be posted during an incident.

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Activism

Oakland Hosts Town Hall Addressing Lead Hazards in City Housing

According to the city, there are 22,000 households in need of services for lead issues, most in predominantly low-income or Black and Latino neighborhoods, but only 550 to 600 homes are addressed every year. The city is hoping to use part of the multimillion-dollar settlement to increase the number of households served each year.

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iStock.
iStock.

By Magaly Muñoz

The City of Oakland’s Housing and Community Development Department hosted a town hall in the Fruitvale to discuss the efforts being undertaken to remove lead primarily found in housing in East and West Oakland.

In 2021, the city was awarded $14 million out of a $24 million legal settlement from a lawsuit against paint distributors for selling lead-based paint that has affected hundreds of families in Oakland and Alameda County. The funding is intended to be used for lead poisoning reduction and prevention services in paint only, not water or other sources as has been found recently in schools across the city.

The settlement can be used for developing or enhancing programs that abate lead-based paint, providing services to individuals, particularly exposed children, educating the public about hazards caused by lead paint, and covering attorney’s fees incurred in pursuing litigation.

According to the city, there are 22,000 households in need of services for lead issues, most in predominantly low-income or Black and Latino neighborhoods, but only 550 to 600 homes are addressed every year. The city is hoping to use part of the multimillion-dollar settlement to increase the number of households served each year.

Most of the homes affected were built prior to 1978, and 12,000 of these homes are considered to be at high risk for lead poisoning.

City councilmember Noel Gallo, who represents a few of the lead-affected Census tracts, said the majority of the poisoned kids and families are coming directly from neighborhoods like the Fruitvale.

“When you look at the [kids being admitted] at the children’s hospital, they’re coming from this community,” Gallo said at the town hall.

In order to eventually rid the highest impacted homes of lead poisoning, the city intends to create programs and activities such as lead-based paint inspections and assessments, full abatement designed to permanently eliminate lead-based paint, or partial abatement for repairs, painting, and specialized cleaning meant for temporary reduction of hazards.

In feedback for what the city could implement in their programming, residents in attendance of the event said they want more accessibility to resources, like blood testing, and information from officials about lead poisoning symptoms, hotlines for assistance, and updates on the reduction of lead in their communities.

Attendees also asked how they’d know where they are on the prioritization list and what would be done to address lead in the water found at several school sites in Oakland last year.

City staff said there will be a follow-up event to gather more community input for programming in August, with finalizations happening in the fall and a pilot launch in early 2026.

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Alameda County

Oakland Begins Month-Long Closure on Largest Homeless Encampment

At 8 a.m. sharp, city workers began piling up trash and dismantling makeshift homes along the nearly five-block encampment. City crews blocked off streets from 14th Ave to 17th Ave, between E. 12th and International Blvd, due to the Safe Work Zone Ordinance that was passed by the city council in 2022 to protect workers from harassment during cleanings, according to a city spokesperson.

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The City of Oakland began sweeping their largest homeless encampment on E 12th St. Monday morning. Advocates claim that the city has not done its due diligence with providing ample resources or outreach for residents at the encampment. Photo by Magaly Muñoz.
The City of Oakland began sweeping their largest homeless encampment on E 12th St. Monday morning. Advocates claim that the city has not done its due diligence with providing ample resources or outreach for residents at the encampment. Photo by Magaly Muñoz.

By Magaly Muñoz

The City of Oakland began a three-week-long breakdown of the largest homeless encampment in the city on E. 12th Street on Monday morning. Residents and advocates said they are devastated about the displacement of dozens of people.

At 8 a.m. sharp, city workers began piling up trash and dismantling makeshift homes along the nearly five-block encampment. City crews blocked off streets from 14th Ave to 17th Ave, between E. 12th and International Blvd, due to the Safe Work Zone Ordinance that was passed by the city council in 2022 to protect workers from harassment during cleanings, according to a city spokesperson.

Jaz Colibri, one of the many advocates at the closure, said the encampment sweeps were “intense and terrifying” to witness. They claimed that several residents, many of them non-English speakers, had not been aware that the sweep was happening that day because of a lack of proper communication and outreach from Oakland.

Colibri added that the city had done a Census “many months ago” and “had not bothered to count people since then”, meaning dozens of individuals have missed out on housing and resources in the last few weeks because the city doesn’t offer outreach in multiple languages.

“Basically, [Oakland] dropped the ball on actually getting to know everybody who lives here and then creating a housing solution that meets everyone’s needs,” Colibri said.

City spokesperson Jean Walsh told the Post that notices of the closure operation were posted in Spanish and Chinese prior to Monday, but did not clarify if outreach was done in those languages as well.

Nearly a dozen Oakland police vehicles, California Highway Patrol officers, and Oakland Public Works staff were gathered along E 12th waiting for residents to pack up their belongings and move away from the area.

Advocates said residents “felt unsafe” due to the hefty law enforcement presence.

One city worker, who was picking up debris near 16th Ave, said, “They’ve known we were coming for a long time now” in reference to resident confusion about the sweeping.

The state doubled down on its requirement to get cities and counties to deal with their homelessness crisis at a press conference Monday afternoon. Gov. Gavin Newsom’s office released a “model ordinance” that is intended to provide a starting point that local municipalities can use to build from and adjust in creating their own policies on encampments, if they haven’t done so yet.

Newsom said “No more excuses, time to deliver” after the state has poured hundreds of millions of dollars into solving the issue.

Oakland was awarded a $7.2 million grant from the state in 2024 to close long-standing encampments in the city, including camps at Martin Luther King, Jr. and 23rd Street, and Mosswood Park.

Residents at these encampments were offered wraparound supportive services, temporary shelter, and eventually will be transitioned to permanent supportive housing, according to a city statement from last year.

Residents who accepted housing at these three encampments were moved into newly acquired property, formerly the Extended Stay America Hotel in West Oakland, which will first serve as interim housing for up to 150 individuals and couples in 105 units, and in the coming year, will be converted into 125 units of permanent housing.

Walsh said as of May 2, “32 residents of the recently closed Mosswood Park encampment moved into the Mandela House program” and as of May 12, “41 residents of the East 12th Street encampment have already accepted offers to move to the Mandela House.” The city will provide final numbers of how many accepted and moved into housing after the closure operation is over.

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