ST. PAUL, Minn. -- A proposal to ban the sale of all flavored tobacco products in Minnesota has resurfaced in the Legislature.

House Bill 904, which cleared a House committee Wednesday, comes with renewed backing of those wanting to address health disparities across the state.

The measure would prohibit retailers from selling flavored tobacco and related products, including menthol cigarettes.

Rep. Cedrick Frazier, DFL-New Hope, the bill's sponsor, said now is the time to restrict items that have been heavily marketed in communities of color.

"Let's put the health of our kids and the health of our Black brothers and sisters ahead of Big Tobacco profits," Frazier urged.

Supporters also said the move would address the dangers of vaping among teens and young adults.

At this week's hearing, there was opposition from those representing retailers, who say the ban would push buyers into other states while creating a dangerous underground market.

Laura Smith, spokesperson for the nonprofit group ClearWay Minnesota and Minnesotans for a Smoke Free Generation, countered in light of last year's racial reckoning and the pandemic, there's more urgency to address health disparities facing marginalized communities, and reducing tobacco dependency would be a big help.

"We think that should be a huge impetus for getting this done this session," Smith asserted.

Late last year, the Minnesota House Select Committee on Racial Justice recommended action as part of a broader effort to eliminate disparities.

Meanwhile, more than a dozen Minnesota cities have enacted their own restrictions for selling flavored tobacco.


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The Food and Drug Administration could soon ban the manufacture and sale of menthol cigarettes, a move advocates in Ohio said could have a positive impact on health, particularly in Black communities.

Yvonka Hall, executive director of the Northeast Ohio Black Health Coalition, explained menthol tobacco products have a cool, smooth taste, making them more appealing and easier to use, especially among new tobacco users. She added they also have a mild anesthetic effect which suppresses coughing.

"Normally when you are taking something into your lungs that should not be there, your body rejects it by coughing," Hall explained. "Menthol allows you to take in the full 'poison' of the tobacco, by making sure that your body doesn't do what your body should do."

Research found nearly 85% of non-Hispanic Black smokers use mentholated products, putting them at increased risk of smoking-related illnesses. The FDA also estimates a proposed ban on menthol cigarettes could reduce up to 200,000 tobacco-related deaths among African Americans. Public comment on the proposed rule ends on July 5.

Studies showed the tobacco industry has been marketing menthol brands to African Americans since the 1950s, a trend Hall noted continues to this day.

"Whether you see signage around cigarettes or sponsoring concerts, whether they're rap concerts or the jazz fest, tobacco corporations have looked at things that the community likes as a way for them to perpetuate glamorizing smoking," Hall asserted.

The Northeast Ohio Black Health Coalition works with local partners in an effort to create menthol-free communities. Hall pointed out a key focus of their work is educating people about the risks of smoking, and mentholated products.

"For parents, when you talk to them about the potential harm that it does to their children, it kind of changes the way they perceive things," Hall observed. "Making it personal for our communities is more important than ever."

Hall added Ohioans who need help quitting smoking can reach out to the coalition or other local health-advocacy groups. Health insurance programs also offer smoking cessation programs. For immediate help, she suggested calling the Ohio Quitline, at 1-800-QUIT-NOW.

Last week President Joe Biden signed legislation that allows the Food and Drug Administration to regulate synthetic nicotine, used in vape products popular among teens.

Kentucky advocacy groups say the state's high level of vape product use among young people is setting the stage for a serious public health crisis.

E-cigarettes or vapes typically contain as much or more nicotine than traditional cigarettes, but until now manufacturers have skirted government regulations by using a synthetic version of the chemical.

Dr. Scott Bickel - assistant professor of pediatrics in the Division of Pediatric Pulmonology, Allergy, and Immunology at the University of Louisville School of Medicine - explained that the nicotine and other toxic substances found in vape products can have substantial health consequences.

"Can lead to impulsivity, difficulties with brain development, and so on," said Bickel. "And then certainly the respiratory consequences of starting those things early can't be overstated."

Congress moved to give the FDA the authority to regulate synthetic nicotine in the $1.5 trillion spending bill that funds the government through September. Biden signed the legislation into law last week.

More than one in four Kentucky high schoolers use e-cigarettes. According to the Centers for Disease Control and Prevention, e-cigarette sales hit a record high last June, with more than 22 million units sold nationwide.

Allison Adams - vice president for policy with the Foundation for a Healthy Kentucky - said the experience of the coronavirus pandemic highlighted how tobacco can make individuals more susceptible to respiratory illnesses such as COVID-19.

She added the Commonwealth has one of the highest rates of tobacco use in the nation.

"And so knowing that we weren't coming into this pandemic as a healthy state," said Adams, "we were on a trajectory for loss and less ability to fight it off quickly and rapidly."

Adams said the state could allow local communities to make their own decisions about how tobacco products are marketed, sold and distributed at the local level to help protect the health of young people.

Hannah Abdon is a senior at Boone County High School. She said she believes her classmates have gravitated toward vape products because of heavy advertising in her community.

"On my drive to school," said Abdon, "I think I pass three different places, and these places all sell vapor products, and they have advertisements in their storefronts that I can see when I'm driving past."

Tobacco and e-cigarette industries spent more than $788,000 lobbying Kentucky lawmakers in 2020, according to state data.

With 2022 underway, more than 20 Minnesota cities now have local ordinances restricting or banning the sale of flavored tobacco products, and the new year will likely see another run at adopting a statewide law.

Cities like Bloomington have added new regulations, including a ban on the sale of all flavored tobacco products, along with a sunset of new tobacco retail licenses.

Jeanne Weigum, president of the Association for Nonsmokers-Minnesota, said although the federal government is taking steps to crackdown on products such as menthol, there are many flavored items appealing to teens and young adults.

"You don't find some 50-year-old guy going out and buying 'Unicorn Juice' to vape," Weigum observed. "That's not the target audience."

She predicts even more action at the local level. Last month, St. Paul enacted higher tobacco prices and banned discounts. And advocates say they will once again ask legislators for a statewide flavored tobacco ban.

Apart from industry pushback, retailers have often opposed restrictions, arguing they hurt businesses and create dangerous underground markets.

Weigum countered Minnesota has enough legal protections to thwart illegal sales. She feels even with a groundswell of local laws, there is still opportunity to create more demand for a state ban on flavored tobacco.

"I guess the questions comes up, 'Are we at critical mass on these issues?' " Weigum stated. "And, I'd like to say we are, but there are many communities across the state where there have not been these discussions."

The Association noted other barriers in 2022 include a shorter session at the State Capitol, and an election year for state lawmakers. Growing calls for tighter restrictions follow the 2020 Minnesota Youth Tobacco Survey. The report's authors found an 80% increase in frequent vaping among respondents compared to 2017.