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OP-ED: FDA — Smoking While Black and Brown in America

NNPA NEWSWIRE — Our experiences inform us that the implementation of a menthol ban will inevitably and undoubtedly create an increased number of stops, frisks, and interactions between law enforcement and members from Black and Brown communities. According to the Prison Policy Initiative, Black and Brown residents in the U.S. continue to have a long and troubled legacy of disproportionately larger numbers of police stops and interactions with the police. The proposed menthol ban will do nothing to quell this troubling reality.
The post OP-ED: FDA — Smoking While Black and Brown in America first appeared on BlackPressUSA.

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By Dr. Benjamin F. Chavis, President and CEO, National Newspaper Publishers Association

Whenever the history of racial discrimination in the United States appears to repeat itself, it produces predictable rhymes and sometimes tragic social consequences. Mark Twain, Ida B. Wells, James Baldwin, and Toni Morrison all had one thing in common as visionary authors. They used their pens to offer literary critiques about America’s historical inflection points concerning racism and systemic inequalities.

The federal government’s recent announcement that it is close to proscribing a ban on menthol cigarettes is another public policy gone astray that will produce unintended racial-discriminatory consequences. As a result of a decades-long marketing campaign aimed at African Americans, nearly 85% of all non-Hispanic Black smokers choose menthol cigarettes, the highest percentage of menthol cigarette use compared to other racial and ethnic groups. The Federal Food and Drug Administration (FDA) should be questioned about their disparate targeting of African American and Latino-American smokers who disproportionately prefer to smoke menthol cigarettes. This is an urgent matter now that the FDA has just asked the government’s Office of Management and Budget (OMB) to review the proposed discriminatory ban.

Driving while Black and Brown, jogging while Black and Brown, and breathing while Black and Brown have had, at times, fatal consequences intergenerationally for women, men, and youth from our communities. Now, our families and communities will have to contend additionally with smoking while Black and Brown in America.

For the record, I do not smoke tobacco or marijuana. I am raising questions, however, to the FDA and to the U.S. Congress because I care passionately about protecting the civil rights and cultural rights of communities of color. We should learn from the past about how to avoid racial injustice rather than to entertain the repetition of pseudo-justifications of wrongdoing and counterproductive public policies that disparage communities of color.

Recalling back in the 1980s and 1990s there was the prevalence of the availability and use of crack cocaine that swept severe drug-related suffering in urban areas across the nation. Because of decades of White flight and self-segregation, those same inner-city areas were disproportionately populated by Black and Brown families. The result was another regrettable chapter in American history when crack cocaine ravaged our communities.

The subsequent response from the federal government was neither compassion nor empathy. Rather, the U.S. Congress passed the now-infamous 1994 Crime Bill, which treated the possession of crack cocaine disproportionately harsher in the criminal justice system than powder cocaine, which was more expensive and more commonly used by White drug users. Too many communities of color were once again devastated by the unjust massive long-term imprisonment of crack cocaine users for decades that literally destroyed families and left hundreds of thousands of children without parents while escalating mass incarceration of Black and Brown people to an unprecedented national level.

It is, therefore, against this historical backdrop that we find anew the recent contradictory announcement by the Biden Administration’s FDA. According to the Centers for Disease Control, over 85% of Black and Brown smokers prefer menthol cigarettes. While there may be compelling public health concerns that can be cited to support proposing a ban on smoking cigarettes, the question arises why the FDA only wants to target and ban “menthol” cigarettes that are disproportionately used and preferred by Black and Brown smokers. Law enforcement agencies, similar to what happened by law enforcement in response to the crack cocaine epidemic, will ultimately have to enforce the proposed ban on the sale of menthol cigarettes.

In addition, serious concerns today abound among national and local law enforcement leaders that a prohibition of these particular tobacco products will only end up dramatically increasing an illicit, underground market for these menthol products. I am certain that the U.S. Department of Homeland Security will rightly oppose any public policy by the FDA that will lead to further substantial border insecurity from the future billion-dollar illicit smuggling of proposed menthol-banned tobacco products into the United States. Another serious unintended consequence will be the illegal trafficking of FDA-banned cigarettes by international terrorists who will profit millions of dollars from that illicit trade.

I write, therefore, on behalf of the National Newspaper Publishers Association (NNPA) and the Black Press of America that have been “pleading our own cause” since March 16, 1827 with the first publication of Freedom’s Journal 195 years ago. Our concerns are not hypothetical and do not exist in a vacuum.

Our experiences inform us that the implementation of a menthol ban will inevitably and undoubtedly create an increased number of stops, frisks, and interactions between law enforcement and members from Black and Brown communities. According to the Prison Policy Initiative, Black and Brown residents in the U.S. continue to have a long and troubled legacy of disproportionately larger numbers of police stops and interactions with the police. The proposed menthol ban will do nothing to quell this troubling reality.

Moreover, there is data to suggest that a prohibition on the sale of menthol cigarettes would not meet the proposed ban’s intended goal. According to a report by the United States Surgeon General, published in 2020, “the evidence is suggestive but not sufficient to infer that restricting the sale of certain types of tobacco products, such as menthol or other flavored products, increases smoking cessation, especially among certain populations.” Indeed, a report by the National Bureau of Economic Research echoes this concern and suggests that a prohibition on menthol cigarettes is “unlikely to be a panacea,” because while the product may be prohibited in Canada, it is available on Native Canadian reserves, and still available for purchase throughout Mexico.

On his first day in The White House, President Biden signed the Executive Order (13985) on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. That was a much-needed federal corrective action taken by President Biden. Notwithstanding those facts, it has become a noticeable contradiction for the FDA to now embark on a Notice of Proposed Rulemaking (NPRM) with respect to a menthol ban tentatively scheduled for April 2022.

What are some of the possible alternative options for the FDA and for the U.S. Congress with respect to menthol cigarettes? One option is for the Secretary of Health and Human Services, acting through the Commissioner of the FDA to enter into an agreement with the National Academies of Sciences, Engineering and Medicine, and additional relevant entities (including representatives of community organizations that have been historically underrepresented in the Federal Government and underserved by, subject to discrimination in, Federal policies and programs) to conduct a national study on the impact of a menthol ban would have on:

  • the frequency of adverse law enforcement interactions with members of communities of color, underserved and other discriminated communities
  • the illicit sale of counterfeit cigarettes in communities of color, underserved and other discriminated communities, and
  • the likelihood that counterfeit cigarettes illicitly sold in communities of color, underserved and other discriminated communities would contain a mixture of lethal substances in excess of the toxins found in ordinary commercially approved cigarettes

There are other options in addition to the stated above proposal that I am confident can and should be explored by both the U.S. Congress and the FDA. What should be prohibited at this point should be all forms of racial profiling and targeting. Smoking while Black and Brown should not be the predicate for more negative disastrous interactions between law enforcement and our communities who have already suffered too much. I recently had the honor to attend a national meeting of the National Organization of Black Law Enforcement Executives (NOBLE) in Baton Rouge, Louisiana. Black police chiefs and other Black law enforcement executives from across the nation voiced their concerns about the negative, disparate and dangerous unintended consequences of the proposed FDA ban on menthol cigarettes.

Dr. Benjamin F. Chavis, Jr. is currently the President and CEO of the National Newspaper Publishers Association (NNPA) and Executive Producer/Host of The Chavis Chronicles television show that is broadcast weekly on PBS TV stations throughout the United States.

The post OP-ED: FDA — Smoking While Black and Brown in America first appeared on BlackPressUSA.

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Federal Raids Target Migrant Kids, Split Families

BLACKPRESSUSA NEWSWIRE — The Trump administration has reportedly removed at least 500 migrant children from their homes across the United States and placed them into government custody, according to multiple sources familiar with the matter.

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By Stacy M. Brown
Black Press USA Senior National Correspondent

The Trump administration has reportedly removed at least 500 migrant children from their homes across the United States and placed them into government custody, according to multiple sources familiar with the matter. The children, many of whom were living with family members or other vetted sponsors, were taken during so-called “welfare checks” carried out by Immigration and Customs Enforcement (ICE) and other federal agencies. According to CNN, the operations are part of a larger campaign launched shortly after President Donald Trump returned to office, with federal authorities setting up a “war room” inside the Department of Health and Human Services (HHS) to review data on children who entered the country alone and were later released to sponsors. Officials have used the room to coordinate efforts between agencies, including ICE and the Office of Refugee Resettlement (ORR), which oversees the custody of unaccompanied migrant children.

Trump officials claim the effort is aimed at protecting children placed in unsafe conditions or with unqualified sponsors, pointing to cases where children were released to individuals with criminal backgrounds or those involved in smuggling. Homeland Security spokesperson Tricia McLaughlin said the welfare checks have led to the arrests of some sponsors and the transfer of children into ORR custody. Federal data shows more than 2,500 children are currently in ORR custody. CNN reported that the average stay has grown significantly, from 67 days in December 2024 to 170 days by April 2025. Former Health and Human Services officials say new vetting rules—including income requirements, government-issued ID, and DNA tests—have made it far more difficult for parents and guardians, particularly those who are undocumented, to reclaim their children.

In some cases, reunifications that had already been scheduled were canceled. A recent lawsuit details how two brothers, ages 7 and 14, remain in government care because their mother cannot meet new documentation requirements under the revised policies. Mark Greenberg, a former senior HHS official, stated that the approach puts children in a difficult situation. “To the extent, the goal is to determine whether children are in danger or in need of help, this isn’t a good way to do that because it creates fear that anything they say could be used against their parent or family member,” he said. Immigration enforcement agents reportedly have visited children’s homes and asked about their journey to the U.S., school attendance, and upcoming immigration court appearances. Legal advocates say these visits, which sometimes include the FBI, are not standard child welfare procedures and can create fear and confusion among minors.

An FBI spokesperson confirmed the agency’s role, saying, “Protecting children is a critical mission for the FBI, and we will continue to work with our federal, state, and local partners to secure their safety and well-being.” Multiple outlets noted that the Trump administration has not provided clear evidence that large numbers of children are missing. Instead, it has referenced a Department of Homeland Security inspector general report from 2023 that noted more than 291,000 unaccompanied minors had not received notices to appear in immigration court. Former officials note that these figures do not necessarily indicate that the children are missing; some lacked updated addresses or were affected by administrative backlogs.

Within HHS, officials were instructed to expedite policy changes. Former ORR Ombudsman Mary Giovagnoli stated that a senior ICE official, Melissa Harper, was temporarily appointed to lead ORR. Her short tenure was followed by Angie Salazar, another former ICE official who now frequently communicates with White House Deputy Chief of Staff Stephen Miller. Trump’s team argues the Biden administration allowed thousands of unaccompanied children to enter the country without sufficient oversight. Jen Smyers, a former ORR deputy director, stated that all sponsors underwent thorough vetting, including Department of Justice background checks and reviews of the sex offender registry. “No amount of vetting is a predictor of the future,” she said. The Miami Herald recently reported that a 17-year-old foster child in Florida was removed from his home in shackles and transferred to ICE custody. The boy and his mother had crossed the border without documentation, but he had been living in a state-supervised foster placement. The case raised concerns about the state’s cooperation with federal enforcement and the message it sends to immigrant families. Concerns about federal custody of vulnerable children are not confined to immigration.

In North Carolina, a 7-month-old baby died after being left in a hot minivan by her foster mother, who now faces charges of negligent child abuse and involuntary manslaughter. In Hawaii, dozens of children have been forced to sleep in government offices and hotels due to a shortage of foster placements. In North Dakota, a foster couple has been charged in the death of a 3-year-old after surveillance footage showed the child being repeatedly assaulted. “These cases show what happens when systems meant to protect children fail them,” said Laura Nally, director of the Amica Center for Immigrant Rights Children’s Program. “There’s a growing concern that these welfare checks are being used to carry out mass detentions of sponsors and unnecessarily return children to government custody.”

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Protests of a Costly and Historic Parade

BLACKPRESSUSA NEWSWIRE — President Trump is planning an elaborate and costly celebration for the 250th anniversary of the U.S. Army that coincides with his birthday.

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By April Ryan

It will rain on President Trump‘s parade on Saturday if most weather forecasts correctly predict the chance of storms. President Trump is planning an elaborate and costly celebration for the 250th anniversary of the U.S. Army that coincides with his birthday. When asked if he plans to attend the massive D.C. celebration, New York Democratic Congressman Greg Meeks exclaimed,” Heck no!” He elaborated, saying, “It is clear to me that what Donald J. Trump is trying to do is to emulate Vladimir Putin.” Trump and Putin, the Russian president, are friends. Meeks feels “that’s where he initially got the idea from when he saw the tanks going down the street and how people bow down to Vladimir Putin, how…that authoritarian runs his country where no one questions what he does.”

Meanwhile, around the nation 1600 protests are scheduled to coincide with what is happening in Washington, D.C. Democratic Congressman Al Greene confirms he will attend several “No King Day” protest rallies and marches in his home state of Texas. The congressman questions the president’s comments about using “force” for anyone trying to stop the parade. Reverand William Barber plans to be in Philadelphia on Saturday. “We are having a rally bringing people together,” the civil rights leader confirmed. The leader of Repairers of the Breach added, “Those rallies are gonna be massive and multiracial of every race, color, creed, religion, geographic area, so this is not a moment. We must have a constant movement.”

Weeks ago, DC Mayor Muriel Bowser warned the parade, and all its military might, and pageantry would cost “many millions of dollars” just to repair District streets after the heavy artillery tanks rolled down the historic roads in the nation’s capital. Tall gates and other barricades around the White House are part of the parade’s security measures. The Secret Service has warned of a high-security presence in the area for the parade. You can expect to see military tanks, dozens of other military vehicles, and thousands of service members marching along a route stretching nearly four miles from the Pentagon to the White House.

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Critics Question 2024 Results as Musk Tactics Surface

BLACKPRESSUSA NEWSWIRE — Now, a Wisconsin nonprofit has filed a legal complaint accusing Musk, his America PAC, and a Musk-affiliated group called United States of America Inc. of violating state election laws by bribing voters.

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By Stacy M. Brown
Black Press USA Senior National Correspondent

Donald Trump’s return to the White House in 2024 has reignited questions about election integrity, particularly after his remarks thanking Elon Musk for what he called a “landslide” win in Pennsylvania. “He knows those computers better than anybody… all those vote-counting computers,” Trump said. “So, thank you to Elon.” The comment set off alarm, including Texas Rep. Jasmine Crockett. “So, Trump is rambling on about he and Elon rigging the election?! Am I missing something or is he confessing to yet another damn crime?!” she posted on social media.

Now, a Wisconsin nonprofit has filed a legal complaint accusing Musk, his America PAC, and a Musk-affiliated group called United States of America Inc. of violating state election laws by bribing voters. The Wisconsin Democracy Campaign and two voters allege Musk handed out $1 million checks and that his PAC paid $100 to registered voters who signed petitions and gave their contact information. Wisconsin law prohibits offering anything of value over $1 to encourage someone to vote. The complaint also cites violations of the state’s lottery ban. The plaintiffs are asking a court to declare the actions illegal, prevent future violations, and award damages if applicable.

The lawsuit follows a failed attempt by Wisconsin Attorney General Josh Kaul to block Musk’s actions earlier this year. Kaul argued that Musk’s conduct amounted to illegal inducement, but courts declined to intervene before the April state Supreme Court election. Jeff Mandell, president and general counsel for Law Forward, which represents the plaintiffs, said this new case is being filed under more typical legal timelines. “We’re trying to create … accountability in a more regular timeline, in a way that gives the courts the opportunity to look at this more carefully,” Mandell said.

Musk, who served briefly as a Trump adviser and led a short-lived federal agency focused on cost-cutting, has denied wrongdoing. He initially promoted the giveaways as rewards for early voters but later revised eligibility criteria following legal scrutiny. The controversy has added fuel to growing concerns over anomalies in places like Rockland County, New York, where Vice President Kamala Harris reportedly received virtually no votes despite Democratic victories in other races. “We know exactly what happened and how it unfolded, and we’re asking the court to say this is not acceptable,” Mandel has said.

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