Why it’s politically impossible to ban menthol cigarettes, even if they’re the most addictive.

As early as 1998, Philip Morris executives were worried about the continued existence of their industry. Big Tobacco was locked in a battle with Congress over advertising and product regulations. And it was reeling from the $264 billion settlement in the lawsuit brought against it by 46 state attorneys general over Medicare costs for smokers. The future was hazy, and the tobacco companies' ability to fight costly legal battles for the indefinite future was in doubt.

So, as Roll Call recounts, Philip Morris executives made a huge shift in tactics. Rather than beat back every attempt at industry regulation, they initiated the secret Project Sunrise, an effort to help craft those regulations. Part of the strategy was to work with the very anti-smoking groups they had fought for years. Big Tobacco decided to sue for peace in order to win at the negotiating table.

Philip Morris found a willing partner in the Campaign for Tobacco-Free Kids. It was among the more moderate anti-smoking groups, and some of its top staff had worked for Sen. Tom Daschle, so they were well-versed in the art of legislative compromise. The existence of an agreement between Philip Morris and the Campaign is how Rep. Henry Waxman, the bill's main sponsor, has justified the perverseness of Philip Morris' support for a supposed anti-smoking bill.

"Don't let perfect be the enemy of good," has been the old saw the administration uses to admonish interest groups dissatisfied with compromise legislation. But opponents of this bill on both sides are asking, What's the enemy of terrible? Isn't it this bill, which is racist, protectionist, cynical, and misguided? And barring an improbable veto, it will soon become law. Nowhere is the bill's perfidy more obvious than in its failure to ban menthol cigarettes.

The National African American Tobacco Prevention Network released a statement on the bill last May that read, "Tobacco legislation that treats menthol differently from other flavoring additives is incomplete." This is in response to studies showing that menthols are far more addictive then other cigarettes and far harder to quit, no matter what race the smoker is.

And last July, the Harvard School of Public Health released a study showing that tobacco manufacturers carefully controlled the menthol content of cigarettes to maximize its masking of harsh tobacco smoke, even creating new brands for longtime smokers who require increasing amounts of menthol to maintain its numbing, cooling effect.