Their argument in both cases was that it didnt make any difference legally

All of these groups have been strategically targeted by tobacco industry to entice them to use menthol cigarettes.(9, 10) Menthol cigarettes are predatorily marketed in marginalized communities, where one will find more advertisements and cheaper menthol cigarettes than in higher income neighborhoods.(11) Uses of Menthol and Flavored Tobacco Products in California 71.5% of Black, 51% of American Indian, 35% of Hispanic, 23% of Asian, and 18.5% of White adult smokers say that they usually smoke menthol cigarettes.(12) 48% of high school cigarette smokers say they normally smoke menthol flavored cigarettes.(13) 53% of lesbian, gay, and bisexual (LGB) adults who smoke usually smoke menthol cigarettes (compared to only 27% of straight adult smokers).(12) More Young People Use Flavored Products Most teens who use tobacco start with a flavored product.(14) 54% of people between the ages of 18-24 who use other-tobacco products (OTP), report using a flavored OTP in the past month compared to 15% of 25-44 year old OTP users, 5% of 45-64 year old OTP users, and 1.7% of OTP users over 65 years of age.(12) 38% of e-cigarette users between the ages of 18-24 have smoked a flavored e-cigarette in the past month compared to 17% of 25-44 year old e-cigarette smokers, 5% of 45-64 year old e-cigarette smokers, and 1.5% of e-cigarette smokers over 65.(12) Research Citations: Flavored cigar smoking among U.S

Not only is vaping a relatively recent phenomenon, people who vape tend to be on the younger side
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Vaping involves using an electronic cigarette, or e-cigarette, which heats a liquid (often containing nicotine) and turns it into a vapor that can be inhaled