A drag on regulation

WHAT'S THE difference between cinnamon and menthol? For Big Tobacco, it's a distinction worth billions of dollars.

Congress is seeking historic regulatory control of tobacco products, but political expedience and monetary interests are nibbling away at the legislation's health protections.

Take the case of flavored cigarettes. The bill before Congress would ban cinnamon, strawberry, clove and pineapple cigarettes because they entice young people to experiment with tobacco. Only one flavor is exempt from the proposed ban: menthol.

It's no coincidence that menthol brands make up more than a quarter of the $70 billion U.S. cigarette market. The peppermint extract is the only additive actively marketed by tobacco companies, and many of the ads are aimed at African-American smokers, three-quarters of whom favor menthol brands such as Newport, Kool and Salem.

The Centers for Disease Control reported in 1998 that menthol may increase the absorption of other harmful cigarette ingredients into the body, possibly by stimulating salivary glands. Other studies suggest menthol may increase nicotine intake, enhancing the potential for addiction.

The need for more research on menthol's side effects is made more pressing by the cynical deal being hashed out in Congress.

Richmond-based Philip Morris USA is the only major tobacco company supporting efforts to grant the Food and Drug Administration regulatory oversight of its industry. Company executives say they want to avoid a patchwork of state regulations, while their competitors accuse them of trying to lock down the market while they're on top.

Whatever Philip Morris' motivation - and competitors may have it about right - the company's continued backing is crucial to the legislation's success. Its Marlboro Menthol product is the second-largest menthol brand in the United States, and sales are growing. It's not about to give up those profits without a fight.

Thus is born a compromise in which the FDA finally gains some authority over cigarettes, but only as much authority as Big Tobacco permits.

Supporters of the regulatory bill have accepted that compromise, even though they know menthol cigarettes will continue to encourage smoking among young people, especially young black people, by masking the unpleasant taste of other cigarette ingredients.

That concession may be necessary to keep the regulatory reforms alive, but it's a move that will leave a bitter aftertaste for those truly concerned about public health.