N.J. Should Reject Blanket Menthol Bans

Industry Insight
Jul.21.2022

Hot on the heels of the Food and Drug Administration’s proposed ban on menthol-flavored tobacco products in April, some lawmakers in New Jersey apparently believe they can implement a ban sooner. Instead of rushing headlong, all advocates should stop to consider the potential negative consequences for public health, freedom and racial justice.

 

N.J. Should Reject Blanket Menthol Bans

Earlier this month, New Jersey’s Assembly Health Committee voted in favor of a statewide ban on the sale of menthol products under penalty of civil fines of up to $1,000. The proposed rule would have to clear the state Assembly and Senate before heading to the governor’s desk for signature.

 

Advocates of this bill emphasize the popularity of the menthol flavor, which cools otherwise harsh cigarette smoking. Theoretically, menthol makes smoking easier for new smokers and smokers struggling to quit. Proponents believe a menthol ban would disincentivize tobacco, thus increasing the smoking quit rate and so benefit public health.

 

This theory was recently challenged in a Journal of the National Cancer Institute survey of 16,000 smokers, which “revealed similar quit rates among menthol and non-menthol smokers.”

 

Equally important,  this study also warned about menthol bans leading smokers to substitute their menthol cigarettes with potentially more harmful tobacco products — “if, as a meta-analysis suggests, lung cancer risk is higher for non-menthol smokers.”

 

Studies that make the claim that menthol bans increase quit rates often neglect substitution — whether smokers who stopped smoking menthol quit smoking entirely or switched to other products.

 

For example, a recent article in the Journal of the American Medical Association found that the United Kingdom’s 2020 menthol ban was followed by a drop from 12 percent to 3 percent use of menthol among more than 7,000 teenage smokers. After listing competing studies, however, the paper left the substitution issue for “further research.”

 

Another recent paper reported that among more than 2,300 smokers, Canada’s 2015-2018 menthol ban saw a 21 percent to 22 percent cigarette quit rate among menthol users, compared with 7 to 8 percentage points less among non-menthol users. But what of substitution? Did smokers quitting cigarettes switch to flavored cigars or e-cigarettes, which are generally legalin Canada?

 

The ability to substitute with other, preferably safer, products is key to harm reduction, the policy designed to reduce the harm of destructive behaviors. Though substantial populations of American smokers say they would consider substitution in the wake of a menthol ban, U.S. lawmakers and regulators often outright oppose safer alternatives like e-cigarettes, particularly flavored brands, which, as studies overwhelmingly show, are healthier substitutes for everyone and help more smokers quit. Without a safety valve, as San Francisco discovered in a major study of teen smoking after its ban of all flavored products, cigarette use may “more than double.”

 

The FDA’s review of whether e-cigarettes can remain on the market has yet to approve menthol e-cigarettes. “Without this option,” argued a recent Wall Street Journal column, “menthol smokers may be tempted to tap the illicit market or self-mentholate regular cigarettes” — as in the U.K. and European Union after the 2020 E.U. ban. As the Wall Street Journal column suggested, smokeless alternatives like e-cigarettes or tobacco pouches would not only be safer but may also be an alternative revenue source that stunts tobacco companies’ resistance to menthol bans.

 

Other concerns with a blanket menthol ban abound. Dr. Jeffrey A. Singer, a general surgeon and senior fellow at the libertarian Cato Institute, recently amassed a large body of scientific literature to argue that menthol products are actually “no more addictive than non-menthol cigarettes, are associated with less tobacco consumption, and maybe even a lower cancer risk.” Singer also questioned the need for a menthol ban by presenting evidence that youth smoking is at an all-time low and rapidly decreasing. At the same time, 60 percent of teen smokers don’t even prefer menthol cigarettes.

 

None of this even considers broader policy or philosophical questions. Serious consideration of a menthol ban must account for its likely disparate racial enforcement. The ban’s paternalism also bespeaks illiberal intolerance and an uncomfortable classism.

 

Without a sober accounting of these potential harms from menthol bans, politicians should kick their unhealthy prohibition habit. If they don’t, New Jersey voters should kick them out.

 

The content excerpted or reproduced in this article comes from a third-party, and the copyright belongs to the original media and author. If any infringement is found, please contact us to delete it. Any entity or individual wishing to forward the information, please contact the author and refrain from forwarding directly from here.

Also read:

Juul Gets Temporary Reprieve to Keep Selling Its E-Cigarettes

UK Sets Oct. 29 Start for New Vape Retail Rules Covering Age Checks, Giveaways and Discounts
UK Sets Oct. 29 Start for New Vape Retail Rules Covering Age Checks, Giveaways and Discounts
The UK Department of Health and Social Care published new guidance on Aug. 11 outlining the next phase of retail rules under the Tobacco and Vapes Act 2026, which will take effect on Oct. 29, 2026. The measures extend the minimum age of sale of 18 to all vaping and consumer nicotine products and restrict proxy purchasing, promotional giveaways and substantial discounts. Relevant offences in England, Wales and Scotland may carry a £200 fixed penalty notice, while persistent offenders can face temporary sales bans.
Aug.12
IQOS Enters Kantar BrandZ Global Top 100 for First Time, Valued at $36.6 Billion and Ranked No. 74
IQOS Enters Kantar BrandZ Global Top 100 for First Time, Valued at $36.6 Billion and Ranked No. 74
Philip Morris International’s IQOS has entered the Kantar BrandZ Top 100 Most Valuable Global Brands for the first time, ranking No. 74 with a brand value of $36.634 billion and becoming one of only three newcomers to the 2026 ranking. Kantar said the combined value of the Global Top 100 reached $13.1 trillion, up 22% year on year, while the threshold for entry rose to a record high. PMI says IQOS has more than 35 million users worldwide and surpassed $10 billion in annual net revenues within a decade of launch.
Sep.03
UK Vape Tax Countdown: Retailer Vape HQ Estimates 100ml E-liquid Prices Could Rise From £12.99 to £39.39, While Pod Kits Increase Less Than 10%
UK Vape Tax Countdown: Retailer Vape HQ Estimates 100ml E-liquid Prices Could Rise From £12.99 to £39.39, While Pod Kits Increase Less Than 10%
The UK’s Vaping Products Duty (VPD), scheduled to take effect in October 2026, is prompting retailers to assess how different vape categories may be affected. UK retailer Vape HQ has estimated potential price changes under the new volume-based tax system, showing that 100ml shortfill e-liquids could see prices rise from around £12.99 to £39.39, a 203% increase, while 2ml prefilled pod vape kits could rise from £5.99 to £6.52, an increase of about 9%. The estimates highlight how a volume-based tax structure creates uneven cost impacts across product categories.
Aug.19
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore and four authorized U.S. CCELL distributors are asking a California federal court to permanently dismiss a core antitrust claim brought by direct purchasers. Plaintiffs allege that Smoore coordinated minimum wholesale prices, customer allocation and limits on price competition among distributors, amounting to a per se unlawful horizontal conspiracy. The defendants say the alleged conduct reflects ordinary vertical relationships between a manufacturer and its distributors. The court previously dismissed a similar claim, and the latest dispute centers on whether the second amended complaint adds sufficient facts to establish a horizontal agreement.
Sep.14
Huabao International Buys Indonesian HNB Manufacturer for RMB 90 Million, Adding OEM/ODM Capacity
Huabao International Buys Indonesian HNB Manufacturer for RMB 90 Million, Adding OEM/ODM Capacity
Huabao International Holdings Limited will acquire 100% of PT Broad Far Indonesia through two wholly owned subsidiaries for approximately RMB 90 million. The Indonesian company manufactures and sells heat-not-burn tobacco sticks and provides OEM/ODM services. The sellers are part of a related-party group controlled by Huabao International Chair and controlling shareholder Zhu Linyao. PT Broad Far Indonesia generated $4.37 million in revenue and $177,000 in profit after tax in the first half of 2026, while net assets stood at about $326,000 at June-end. An independent valuer assessed the company’s equity at approximately RMB 93.06 million. Following completion, the HNB manufacturing operation will be consolidated into Huabao International.
News
Sep.29 by 2Firsts Perspectives
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
FDA’s Center for Tobacco Products detailed new PMTA review data and process changes at the 2026 FDLI conference. Pending PMTAs fell from about 450,000 at the start of 2025 to 135,000 by September 2026. CTP also discussed its 180-day review goal, current sPMTA pilot, alternate-supplier planning, more than 50,300 pending SE reports, and lessons from the nicotine pouch pilot already being applied to ENDS review.
Regulations
Oct.07