FOR THE SAME REASON ABORTION IS LEGAL:

U.S. cigarette legislation overlooks menthols and critics ask why (Stephanie Saul, May 13, 2008, NY Times)

Some public health experts are questioning why menthol, the most widely used cigarette flavoring and the most popular cigarette choice of black American smokers, is receiving special protection as Congress attempts to regulate tobacco for the first time.

The legislation, which would give the Food and Drug Administration the power to oversee tobacco products, would try to reduce smoking's allure to young people by banning most flavored cigarettes, including clove and cinnamon.

But those new strictures would exempt menthol - even though menthol masks the harsh taste of cigarettes for beginners and may make it harder for the addicted to kick the smoking habit. For years, the public health authorities have worried that menthol might be a factor in high cancer rates in blacks.