Debate on menthol cigarettes crucial to Lorillard

The House of Representatives could vote before month's end on a bill giving the Food and Drug Administration power to regulate tobacco. If signed into law, the government would gain new power to restrict ingredients used in cigarettes and crack down on advertising directed at children. Currently, additives found in cigarettes, chew and other tobacco products are not regulated by the government.

Despite wide support for the effort in Congress, debate over whether and how to restrict use of menthol flavoring is threatening to derail the bill. No company has more at stake in the outcome than Greensboro, N.C.-based Lorillard, which relies on menthol cigarettes for 90 percent of its sales.

The current bill exempts menthol from an immediate ban applied to other tobacco-masking flavors used in cigarettes, such as orange, strawberry and cherry. Instead the bill gives regulators power to ban or limit menthol at a later date, if they can show scientific evidence it threatens public health.

The wording of the menthol provision is a point of contention among bill supporters in the House. While some members of the Congressional Black Caucus have pushed for an outright ban on menthol, others say such strong language would threaten the bill's chances of becoming law.

"This has been something long sought after and now that we finally have it within our grasp we shouldn't undermine it," said Virgin Islands Delegate Donna Christensen. Pursuing an outright ban would "threaten a very fragile agreement," she added.

Some Republicans, including Sen. Richard Burr of North Carolina, have already vowed to block the bill if it reaches the Senate.

Menthol cigarettes make up more than a quarter of the total U.S. market. About 70 percent of black smokers buy menthol cigarettes, compared with about 30 percent of white smokers.

Supporters of a menthol ban say the flavoring makes smoking more tolerable to youngsters and functions as a starter product. However, industry advocates dispute the claim.

Lorillard said its products should not be compared to fruit-flavored cigarettes, a recent development which lawmakers accuse of blatantly encouraging children to smoke.