Abstract

Purpose of this Research Paper: Under a 2009 Federal law, cigarettes in the United States can only be marketed in two characterizing flavors: tobacco and menthol. The law is more liberal with cigarillos and cigars, which can still be marketed in a wide array of flavors. In April 2022, the US Food and Drug Administration announced a proposal to remove menthol cigarettes and flavored cigarillos and cigars from the market. The goal of this research paper is to provide a comprehensive analysis of the role advertising has played, and continues to play, in driving the popularity of menthol tobacco products. Our investigation spans menthol advertising from its inception in the 1920s through today. Our purpose in undertaking this project is to provide regulators, legislators, litigators, and the public with a meticulously documented resource on the role of advertising of menthol brands in establishing their appeal to health-concerned smokers, youth, Black people, women, and other market segments purposefully targeted by the industry. This Investigation Documents Two Principal Findings: • The prodigious growth in popularity of menthol cigarettes over recent decades did not arise spontaneously – it was orchestrated by major tobacco companies. The steady rise in menthol cigarette use was a product of intense, persistent, and highly skilled targeting of Black people, women, youth and other populations by the marketing departments of RJ Reynolds, Lorillard, Brown & Williamson, Philip Morris, and other major tobacco companies. These campaigns were deceptive in the way they misled the public about the supposed healthfulness of menthol cigarettes and duped customers into believing that smoking menthols would make them “cool.” • Recent menthol cigarette advertising has not modulated from its excesses of the past. Indeed, over the most recent decade, menthol cigarette marketers have continued to deceive smokers and target Black people, youth, and women with unabated vigor and creativity. Menthol brands have become “greenwashed” with depictions such as “organic,” “additive-free,” and even “plant-based” menthol that is delivered “from farm to pack,” all of which falsely imply a healthier product. Advertising themes of youthfulness, coolness, and femininity, along with imagery associating menthol with partying and popular music, continue undiminished. Entire new categories of menthol delivery have emerged, such as “crushers” that flood the senses with a surge of menthol flavor.