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Banning Menthol Cigarettes: California-Based Advocacy Group Joins Suit Against Federal Govt.

A California based non-governmental organization, The African American Tobacco Control Leadership Council (AATCLC), has joined two other public health advocacy groups in a second lawsuit against the U.S. Food and Drug Administration (FDA) for the agency’s inaction on issuing a final rule banning menthol cigarettes.

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“Menthol cigarettes have had a devastating and disproportionate impact on the health of Black Americans,” said Yolanda Lawson, President of the NMA. “Smoking related diseases are the number one cause of death in the Black community.”
“Menthol cigarettes have had a devastating and disproportionate impact on the health of Black Americans,” said Yolanda Lawson, President of the NMA. “Smoking related diseases are the number one cause of death in the Black community.”

By Edward Henderson, California Black Media  

A California based non-governmental organization, The African American Tobacco Control Leadership Council (AATCLC), has joined two other public health advocacy groups in a second lawsuit against the U.S. Food and Drug Administration (FDA) for the agency’s inaction on issuing a final rule banning menthol cigarettes.

The suit, filed by Christopher Leung of Leung Law, PLLC on behalf of the AATCLC, Action on Smoking and Health (ASH) and the National Medical Association (NMA) comes more than seven months after the FDA’s established date for finalizing a new rule against menthol cigarettes.

“We are a group of Californians, although we have expanded now. We were formed in 2008 to inform and direct the activities of commercial tobacco control and prevention as they affect African Americans and African immigrants in this country,” said Carol McGruder, co-chair of the AATCLC.

McGruder was speaking during a press briefing April 2 organized to announce the lawsuit. with representatives from the ASH, NMA and other organizations.

“Menthol cigarettes have had a devastating and disproportionate impact on the health of Black Americans,” said Yolanda Lawson, President of the NMA. “Smoking related diseases are the number one cause of death in the Black community.”

The lawsuit also follows the FDA’s 15-year delay in creating national policy that would ban cigarettes made with compound menthol, a minty substance that cigarette makers infuse into their tobacco products, making them more addictive and harmful.

Despite significant reductions in overall smoking rates in the US, smoking among poor, less educated and marginalized groups remains high. Every year, 45,000 Black Americans prematurely die from tobacco-caused diseases. An estimated 85% of them smoked menthol cigarettes.

“This disproportionate use of menthol cigarettes among Black Americans is not a coincidence,” Dr. Yerger continued. “I was one of the first tobacco documents researchers out of UCSF who exposed the tobacco industry’s systematic, predatory marketing schemes to dump highly concentrated menthol cigarette marketing into urban inner-city areas.”

In 2011, the FDA’s own scientific advisory committee concluded that the “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.”

If the sale of menthol-flavored cigarettes is indeed banned, the FDA projects a 15.1% drop in smoking within 40 years, which would help save between 324,000 to 654,000 lives.

As a result of the Plaintiffs’ first lawsuit, the FDA made the landmark determination to add menthol to the list of banned characterizing flavors in cigarettes.

On the contrary, tobacco-aligned groups in the past have argued that banning menthol cigarettes would be impact federal and state budgets with the loss of nearly $6.6 billion in cigarette sales taxes. Menthol cigarettes account for over one-third of the U.S. cigarette market.

Other arguments from tobacco-backed groups include unintended consequences of a ban such as increased policing in Black and Brown communities due to contraband cigarettes. However, health advocates have dismissed this claim stating the ban would apply to companies that make or sell menthol cigarettes, not individual smokers.

By law, the United States has two months to respond to the lawsuit. The feds can respond to it or file a motion to dismiss.

If the suit is successful, the FDA would have 90 days to make a final ruling.

Activism

“Unnecessary Danger”: Gov. Newsom Blasts Rollback of Emergency Abortion Care Protections

Effective May 29, CMS rescinded guidance that had reinforced the obligation of hospitals to provide abortion services under the Emergency Medical Treatment and Labor Act (EMTALA) when necessary to stabilize a patient’s condition. Newsom warned that the rollback will leave patients vulnerable in states with strict or total abortion bans.

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By Bo Tefu, California Black Media

Gov. Gavin Newsom is criticizing the Centers for Medicare & Medicaid Services (CMS) for rolling back federal protections for emergency abortion care, calling the move an “unnecessary danger” to the lives of pregnant patients in crisis.

Effective May 29, CMS rescinded guidance that had reinforced the obligation of hospitals to provide abortion services under the Emergency Medical Treatment and Labor Act (EMTALA) when necessary to stabilize a patient’s condition.

Newsom warned that the rollback will leave patients vulnerable in states with strict or total abortion bans.

“Today’s decision will endanger lives and lead to emergency room deaths, full stop,” Newsom said in a statement. “Doctors must be empowered to save the lives of their patients, not hem and haw over political red lines when the clock is ticking. In California, we will always protect the right of physicians to do what’s best for their patients and for women to make the reproductive decisions that are best for their families.”

The CMS guidance originally followed the 2022 Dobbs decision, asserting that federal law could preempt state abortion bans in emergency care settings. However, legal challenges from anti-abortion states created uncertainty, and the Trump administration’s dismissal of a key lawsuit against Idaho in March removed federal enforcement in those states.

While the rollback does not change California law, Newsom said it could discourage hospitals and physicians in other states from providing emergency care. States like Idaho, Mississippi, and Oklahoma do not allow abortion as a stabilizing treatment unless a patient’s life is already at risk.

California has taken several steps to expand reproductive protections, including the launch of Abortion.CA.Gov and leadership in the Reproductive Freedom Alliance, a coalition of 23 governors supporting access to abortion care.

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“We Are Better Than This”: Black Caucus Denounces L.A. County ICE Raids as Multiple Protests Erupt

Assemblymember Tina McKinnor (D-Inglewood), a member of the CLBC and chair of the Los Angeles County Legislative Delegation, urged protestors to show restraint and deescalate rising tensions. “Don’t take the bait. Remain peaceful. Peace is our power,” she posted on Facebook. McKinnor also blasted the feds for detaining David Huerta, a popular labor leader and president of the Service Employees International Union (SEIU), who was documenting the raids.

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Assemblymember Tina Mckinnor (D-Inglewood), at the podium, is joined by a coalition of California lawmakers opposed to the ongoing ICE raids being conducted in communities across California. Courtesy of Asm. Tina Mckinnor’s office.
Assemblymember Tina Mckinnor (D-Inglewood), at the podium, is joined by a coalition of California lawmakers opposed to the ongoing ICE raids being conducted in communities across California. Courtesy of Asm. Tina Mckinnor’s office.

By Bo Tefu, California Black Media  

Members of the California Legislative Black Caucus (CLBC) last week condemned ongoing Immigration and Customs Enforcement (ICE) raids in California.

The caucus released the statement the same day multiple protests erupted in Los Angeles County, reacting to three ICE raids conducted in that area.

“For months w,e have watched the unsettling images of federal agents rampaging through our communities. We have stood in horror as masked, heavily armed men ransack neighborhoods under the color of law leaving terror and trauma in their wake,” read a June 6 statement released by the CLBC.

Assemblymember Tina McKinnor (D-Inglewood), a member of the CLBC and chair of the Los Angeles County Legislative Delegation, urged protestors to show restraint and deescalate rising tensions.

“Don’t take the bait. Remain peaceful. Peace is our power,” she posted on Facebook.

McKinnor also blasted the feds for detaining David Huerta, a popular labor leader and president of the Service Employees International Union (SEIU), who was documenting the raids.

“The actions by this federal government are un-American,” wrote McKinnor in a statement. “We demand is immediate release and an end to the terror being inflicted on communities across L.A. County by this administration.”

According to Yasmeen Pitts, a Homeland Security Investigations division spokesperson, 44 people have been detained in arrests related to the protests.

Pitts said ICE agents targeted three locations in central Los Angeles they accuse of harboring undocumented immigrants.

The Black Caucus statement called the violent arrest of community leaders leading protests against the raids “a tool in the authoritarian playbook.”

“No person or family, regardless of origin, deserves to be the target of the terror being inflicted across the country in this moment,” the statement continued.

On June 7, Bill Essayli, U.S. Attorney for the Central District of California, posted on X, “federal agents arrested over a dozen agitators today who impeded agents in their ability to conduct law enforcement operations.”

“We will continue to arrest anyone who interferes with federal law enforcement,” he added.

L.A. Mayor Karen Bass thanked local law enforcement for keeping the peace in the city.

This is a difficult time for our city. As we recover from an unprecedented natural disaster, many in our community are feeling fear following recent federal immigration enforcement actions across Los Angeles County. Reports of unrest outside the city, including in Paramount, are deeply concerning,” posted Bass on X.

“We’ve been in direct contact with officials in Washington, D.C. and are working closely with law enforcement to find the best path forward. Everyone has the right to peacefully protest, but let me be clear: violence and destruction are unacceptable, and those responsible will be held accountable,” she added.

On June 9, the Trump administration said it will send 2,000 National Guard troops to Los Angeles to quell the anti-ICE protests.

Newsom called the decision “deranged.”

“As the federal government conducts chaotic immigration sweeps across the country, the state is deploying additional CHP to maintain safety on Los Angeles highways to keep the peace,” wrote Newsom in a statement posted on X. “It’s not their job to assist in federal immigration enforcement. The federal government is sowing chaos so they can have an excuse to escalate. That is not the way any civilized country behaves.”

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Oakland Post: Week of June 11 – 17, 2025

The printed Weekly Edition of the Oakland Post: Week of June 11 – 17, 2025

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