Longtime civil rights activist Reverend Al Sharpton has found himself at the center of controversy for opposing President Joe Biden’s administration’s proposed ban on menthol cigarettes. Sharpton, the leader of the National Action Network (NAN), for years, has argued against the ban, claiming it could lead to an illicit market and potentially deadly clashes reminiscent of the Eric Garner case.

Garner was killed at the hands of New York Police in 2014 with a banned chokehold. At the time, he was stopped on the streets of Staten Island for illegally selling untaxed cigarettes.

Sharpton sent a letter following Garner’s death to Food and Drug Administration (FDA) Commissioner Robert Califf, who served from February 2016 to Jan. 20, 2017. In the letter, NAN cited Garner’s tragic death.

The FDA had already sent its final proposal for the menthol cigarette ban to the White House’s Office of Management and Budget (OMB) for review, indicating that the ban is nearing approval. In NAN’s letter to Commissioner Califf, the organization expressed concerns about the potential consequences of a menthol ban. It argued that it could create illicit markets and lead to increased police interactions, especially in minority communities. The letter specifically highlighted the case of Garner as an example of how such interactions can escalate.

“Menthol prohibitions will create illicit markets and more police interactions, especially in minority communities,” NAN wrote in a June 2022 letter to Califf, The New York Post reported.“For example, Eric Garner was a Black killed by the NYPD for selling loose, untaxed cigarettes.”

The letter continued, “NAN is uniquely qualified to offer a valuable civil rights perspective on our concerns and the unintended consequences.

The organization emphasized the racial justice implications of policies that result in prohibitions and questioned why menthol cigarettes, which Black smokers disproportionately favor, were being targeted for a ban while other tobacco products smoked by white individuals remained legal and available. Newport is a popular brand of menthol cigarettes, currently owned and manufactured by the R. J. Reynolds.

Sharpton and NAN have a financial connection to R. J. Reynolds is a sponsor of the non-profit NAN. But Sharpton has repeatedly denied that Reynolds pays NAN for its position on the menthol bans through monetary and in-kind donations, Politico reported.

The issue has divided the Black community, with the NAACP supporting the menthol ban, arguing that the tobacco industry has targeted Black residents with flavored cigarettes.

In the 1940s, cigarette companies initiated targeted marketing campaigns aimed at African-American consumers. These efforts intensified following the ban on cigarette advertisements on television and radio in the 1970s. In the 1950s, recognizing a potential market, they began promoting menthol cigarettes to Black smokers, The New Republic reported.

“There are still pockets of resistance to a menthol ban within the Black community. The Reverend Al Sharpton, whose National Action Network is funded in part by R.J. Reynolds”

Most members of the Congressional Black Caucus agree that the ban is a great move. So why is Al… https://t.co/PkwbyCACM6

— The Moguldom Nation (@Moguldom) November 13, 2023

In 2019, Sharpton also fought with former NYC Mayor Bill de Blasio over a proposed ban on menthol cigarettes in New York City.

And now, Sharpton is taking his fight to Biden.

Sharpton urging Biden admin to stub out menthol cigarette ban, claims a black market could lead to deadly clashes like Garner’s. Sharpton wants the Biden administration to cease its plan to ban menthol cigarettes. 

NC Dept of Public Safety via Flickr/President Joe Biden (photo via Instagram @joebiden)/The Rev. Al Sharpton (photo via Instagram @real_sharpton)