Los Angeles' flavored tobacco ban riles Hispanics, Blacks and hookah enjoyers

Los Angeles City Council voted unanimously to pass an ordinance that will ban many businesses from selling tobacco products that come in sweet, spicy and minty flavors on Wednesday.

The move was praised by public health advocates who argued flavored tobacco was a “gateway” to nicotine addiction for teens, reports the Los Angeles Times.

A 2015 study found that the majority of those who began smoking before age 18 began with tobacco products that were flavored.

Shisha tobacco used at hookah lounges were exempted from the new rules after protests from the city’s Armenians, Arabs and other communities for whom hookah is a tradition, provided the establishment got their tobacco retailer permits before January.

But an exemption for menthol cigarettes was not included, despite arguments it would affect minority smokes most, especially Blacks. 81% of Black smokers and 51% of Hispanic smokers in the U.S. smoke preferred menthols over regular cigarettes, compared to 30% of whites, according to the National Survey on Drug Use and Health.

“The ban on menthol is singling out people of color,” said Olivia Barbour, who was set up with others near the shisha protests.

“If they’re so concerned about our health, ban it all.”

Some activists pushed back on menthol bans as discriminatory, saying the tobacco lobby targeted Blacks with advertising for menthols. 

The 9th Circuit Court of Appeals sided with the county of Los Angeles in March when it upheld a lower-court ruling that the 2009 Family Smoking Prevention and Tobacco Act did not give sole authority to regulate tobacco to the Food and Drug Administration.

A statewide law to ban the sale of flavored tobacco products was placed on hold in Jan. 2021 after a referendum backed by the tobacco industry qualified for the 2022 ballot.

The Biden administration proposed a national ban on menthol cigarettes and all flavored cigars in late April as well, but final rules are not expected until next year.