Banning menthol cigarettes would create a black market for unregulated and untaxed menthol cigarettes, and would cause losses of more than ten billion of dollars in tax revenue for the federal and state governments, and in MSA payments for states, now used to fund children's healthcare, smoking prevention and cessation programs, and other important public health programs.
But that probably won't occur since the federal courts would likely strike down the regulation after Lorillard and other companies filed suit against the FDA.
Similarly, the federal courts would very likely strike down any regulation by the FDA to ban the use of colors on cigarette packages as a violation of their 1st Amendment Rights. Please note that a federal judge has already ruled that the FSPTCA's requirement for "black and white thombstone ads" violated the companies 1st Amendment Rights, and that Judge Leon has struck down the Obama FDA's color graphic warnings on cigarette packs because they were propaganda instead of accurate and helpful information.
As the one who first pointed out (back in 2004) that cigarette companies would simply switch to color coded cigarette packages if they had to remove the words "lights'", "ultralights" and "milds" from their packages, I'm pleased that Stan and others now recognize that banning those terms did very little (if anything) to reduce cigarette consumption, or to inform smokers that all cigarettes are similarly hazardous.
And as the one who convinced Sen. Mike Enzi to amend the FSPTCA to require color graphic warnings in 2007 (which was staunchly opposed by CTFK, ACS, AHA, ALA who called it a "poison pill" and "Trojan Horse" amendment intended to destroy the bill), I was pleased that this provision in the law has been ruled constitutional, which has been upheld on appeal. But Obama appointees at FDA, egged on by Stan and others, chose to make their color graphic warnings so shocking that Judge Leon struck them down as unconstitutional, and the entire future of color graphic warnings is uncertain.
Finally, Article 5.3 of the FCTC contains many inaccurate statements and is counterproductive for public health. In sharp contrast to its claim that the tobacco industry and public health have irreconcilable differences, for the past decade I've been convincing tobacco companies to develop and target market exponentially less hazardous smokefree tobacco/nicotine products to cigarette smokers to sharply reduce their morbidity and mortality risks. In fact, smokefree alternatives (including moist snuff, e-cigarettes, nicotine gums and lozenges) have already helped more than a million smokers quit smoking and/or sharply reduce cigarette consumption).
The good news for consumer and public health is that e-cigarettes and snuff have higher profit margins than cigarettes, which makes it a win, win for public health and for tobacco companies to transform from cigarette based companies to smokefree tobacco based companies.
The most important thing that Obama's FDA can do to reduce cigarette consumption is to begin truthfully informing smokers that smokefree tobacco/nicotine products are 99% less hazardous alternatives to cigarettes, and that smokers can sharply reduce their morbidity and mortality risks by switching to or substituting smokefree alternatives for cigarettes until they are ready to quit all tobacco/nicotine use.
Public health doesn't win if/when the FDA losses in court.
Bill Godshall