The mother of Eric Garner sent a letter to Senate Majority Leader Chuck Schumer (D-NY) on Thursday asking him to oppose the Biden administration’s proposed ban on menthol cigarettes, which she says could lead to “increased negative encounters with police in communities of color.”
“Senator Schumer, you have been a longstanding advocate for the people of New York and have shown a commitment to tackling tough issues with both courage and compassion,” Gwen Carr wrote in a Nov. 9 missive exclusively obtained by The Post.
“It is with respect for your role and faith in your leadership that I urge you to lend your voice to those of us who harbor legitimate concerns about the FDA’s proposed menthol ban.”
“I do not encourage, support, or promote smoking,” she added. “However, while the intentions behind the FDA’s proposed menthol cigarette ban are to improve the health of Black people, the potential for it to hurt Blacks and Hispanics cannot be overlooked.”
“For nearly a decade, Senator Schumer has led the fight against marketers and e-cig makers that use child-friendly flavors and marketing tactics to peddle their dangerous products to children,” Schumer spokesman Angelo Roefaro told The Post in a statement.
Garner died in July 2014 after being put in an illegal chokehold by an NYPD officer who was attempting to arrest the 43-year-old Staten Island resident for selling untaxed cigarettes.
“A ban on these products risks creating an illicit market, which could, in turn, lead to increased negative encounters with police in communities of color,” Carr told Schumer.
“We have seen the dangerous interactions that can occur when the sale of loose cigarettes is criminalized, as was tragically the case with my son, Eric. I am afraid that well-intentioned policies, without thorough and inclusive study, may ultimately serve to make systemic inequities worse.”
President Biden’s Food and Drug Administration in April 2021 announced a proposed federal rule to outlaw the minty cigarettes, along with flavored cigars — both of which, the agency noted, are disproportionately popular with black smokers.
At the time, the FDA cited a study that indicated a menthol ban would prompt 923,000 smokers — including 230,000 black Americans — to quit within 13 to 17 months.
David Ozgo, president of the Cigar Association of America, says his organization has presented evidence to the Biden administration that the proposed ban not only falls outside the purview of the Tobacco Control Act but also has “little or no public health benefit.”
“FDA claims the product standard will reduce youth usage of cigars and that prohibiting flavored cigars will address health disparities in minority adult subpopulations,” he said, noting that the Cigar Association of America presented “government data demonstrating that neither of these claims is true.”
Ozgo added that police departments were also loath to enforce a crime with “no victim.”
“These people have just gotten done policing marijuana,” he told The Post. “The last thing police officers want to do is start up with tobacco.”
On Oct. 13, the FDA sent its final rule for the ban to the White House’s Office of Management and Budget for review, signaling the menthol mandate is in its final stages of approval.
Regulatory interviews are still scheduled to discuss the rule over the next three months, according to OMB’s website.
A source told The Post the change could come as soon as Nov. 15, the day before the American Cancer Society’s Great American Smokeout, which implores citizens to quit smoking.
“I, along with other members of affected communities of color, propose that the Biden-Harris Administration and its allies in Congress take a step back to review the implications of a menthol ban,” Carr added in her letter to Schumer.
“We request that a commission be established that will conduct a thorough racial impact study and get input from leaders in communities of color before proceeding with any ban on menthol cigarettes.”
Health and Human Services Secretary Xavier Becerra in a previous statement on the menthol ban said “the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.”
The FDA directed The Post to a webpage with the secretary’s statement. The White House did not immediately respond to a request for comment.
