November 9, 2023

The Honorable Charles Schumer

Senate Majority Leader
United States Senate
S-221 U.S. Capitol
Washington, D.C. 20510

Dear Majority Leader Schumer:

I am writing to you not just as a constituent but as the mother of Eric Garner, a name painfully
etched in our nation's memory. My family has witnessed unimaginable and irreversible harm
resulting from well-intended policies that, when put into practice, have devastating consequences.
It is with a sense of urgency that I express my concerns regarding the FDA’s proposed ban on
menthol cigarettes and the unintended consequences it could have on communities of color,
particularly on African-American communities.

I do not encourage, support, or promote smoking. However, while the intentions behind the FDA’s
proposed menthol cigarette ban are to improve the health of Black people, the potential for it to
hurt Blacks and Hispanics cannot be overlooked.

Menthol cigarettes are preferred by Blacks who choose to smoke. A ban on these products risks
creating an illicit market, which could, in turn, lead to increased negative encounters with police
in communities of color. We have seen the dangerous interactions that can occur when the sale of
loose cigarettes is criminalized, as was tragically the case with my son, Eric. I am afraid that well-
intentioned policies, without thorough and inclusive study, may ultimately serve to make systemic
inequities worse.

Senator Schumer, you have been a longstanding advocate for the people of New York and have
shown a commitment to tackling tough issues with both courage and compassion. It is with respect
for your role and faith in your leadership that I urge you to lend your voice to those of us who
harbor legitimate concerns about the FDA’s proposed menthol ban.

A ban could potentially trigger an increase in policing of Black and Hispanic communities for non-
violent offenses, undermine the efforts to build trust between law enforcement and communities
of color and contribute to a cycle of incarceration that we have worked hard to break.

I, along with other members of affected communities of color, propose that the Biden-Harris
Administration and its allies in Congress take a step back to review the implications of a menthol
ban. We request that a commission be established that will conduct a thorough racial impact study
and get input from leaders in communities of color before proceeding with any ban on menthol
cigarettes.
Senator Schumer, your influence and leadership would ensure that our approach to public health
does not come at the expense of justice. We urge you to promote a dialogue that includes the voices
of those most at risk of being hurt by this policy.

Thank you for taking the time to consider this matter. I look forward to your response and am
hopeful for your support as we seek to protect communities of color from unintended consequences
while striving toward a healthier future for all.

Sincerely,

Gwen Carr
Mother of Eric Garner