President Trump rescinded his predecessor’s proposed ban on menthol cigarettes less than a week after taking office. This delighted consumer choice advocates and solidified Trump’s support among Black Americans — one of the largest markets for menthols.
Withdrawing the menthol ban was also a win for public health. One study, with more than 85,000 participants across 12 states, concluded that menthols “are no more, and perhaps less, harmful than non-menthol cigarettes.” In contrast, another study “found evidence of lower cancer mortality risk among menthol smokers compared with non-menthol smokers.”
Trump has an opportunity to save menthols for the sake of public health. However, the menthols at issue now are not cigarettes but e-cigarettes.
Just days after Trump axed the menthol ban, the International Trade Commission decided to ban the United States’ only menthol-based vapes from the marketplace. All ITC commissioners were appointed by either Joe Biden or Barack Obama, whose decision came before Trump could fill the commission’s two vacancies.
How adversely this decision affects public health cannot be overemphasized. If the ITC gets its way, there will be zero flavored e-cigarettes authorized to compete with the illegal Chinese vapes flooding into our country. These banned disposable devices come in flavors like bubblegum and cotton candy to increase their appeal to kids. Some reports suggest China is loading them with illegal levels of nicotine to make them more addictive.
The decision to ban legal American vapes will continue the flow of American dollars into the Communist Chinese Party’s coffers.
China National Tobacco Corp., the state-owned company that the CCP oversees, has a hand in all the country’s vapes, profiting from each sale. It made $210 billion in 2023, nearly enough to fund China’s military then.
America is already a top customer of China National Tobacco Corp. In fact, as of last year, the United States accounted for nearly two-thirds of the country’s e-cigarette export market. If the ITC bans legal American vapes, that number is destined to increase.
The United States understands the magnitude of this problem.
During Trump’s first administration, he announced plans to clear the market of unauthorized flavored e-cigarette products to combat what was termed an “epidemic of youth e-cigarette use.” Stepping up enforcement against illegal Chinese vapes would be an essential step toward safeguarding children’s health, but it probably won’t be sufficient on its own.
The Biden FDA threatened stores that carried flavored Chinese vapes and even worked with Customs and Border Protection to seize shipments of the products at ports of entry. These measures failed, as candy-flavored e-cigs have steadily increased their market share. By June 2024, flavors other than plain tobacco accounted for more than 80 percent of U.S. e-cigarette sales, even though no flavored products had received FDA approval.
Enforcement isn’t enough. We need authorized products that have passed the FDA’s scientific review — which tobacco policy expert Jeff Stier describes as “exhaustive” — and have met the high public health standards it demands. This is why Trump promised to legalize U.S. companies to compete in the flavored vape market.
Vapes are safer than cigarettes and have proven effective in helping people quit smoking. Cigarette smokers who favor menthols, however, are unlikely to trade them in for plain tobacco-flavored vapes. And because 81 percent of African-American smokers choose menthols — compared to 43 percent of all smokers — the ITC’s ban on menthol e-cigarettes disproportionately deprives them of a smoking cessation method that could save thousands of lives.
Trump has 30 days to veto the ITC decision on policy grounds. Such measures are typically recommended by the secretary of Commerce or the U.S. Trade Representative. Newly confirmed Commerce Secretary Howard Lutnick and Trade Representative Jamieson Greer must act before the window closes. The health of millions of Americans depends on it.
