Police: Menthol Ban Will ‘Create Crime’

Industry InsightInnovation
Jun.28.2022

The U.S. Food and Drug Administration’s proposed ban on menthol cigarettes could have unintended consequences, according to leading law enforcement officers.

 

Among other problems, it could boost the illicit cigarette market. In 2020, of the $203 billion cigarettes sold in the United States, 37 percent were menthol. “Transitioning from a regulated market to an illicit one will lead to about $30 billion of an illicit market,” said Major Neill Franklin, former executive director of the Law Enforcement Action Partnership, in a statement published by Menthol is Not a Crime.

 

If the FDA bans menthol cigarettes, this will “create crime,” and you will get “homemade menthol cigarettes,” said retired Bureau of Alcohol, Tobacco, Firearms and Explosives agent John Rotunno.

 

Charles Giblin from the Center for the Advancement of Public Safety and Security stated, “Despite the good intentions … the ban will have unintended consequences. Cross-border smuggling will fill the gap of the prohibition.”

 

Others highlighted the racist implications of the ban since more than 80 percent of African Americans who smoke prefer menthol cigarettes.

 

“Bans do not work. During the war on drugs, more Black and Brown people went to jail than in all of slavery. About 90 percent of people targeted by stop-and-frisk were Black and Brown people,” according to John Dixon III, former police chief of Petersburg, Virginia, and former president of the National Organization of Black Law Enforcement Executives.

 

“We are not promoting people to smoke,” but “we don’t want another situation like that of Eric Garner [Garner was killed by New York Police Department officers after they approached him on suspicion of selling single cigarettes],” said Charles Billups, founding member of the NCJP, retired law enforcement officer and chairperson of the New York State Grand Council of Guardians.

 

Franklin expanded, “An illicit market is even more problematic for the Black community. Law enforcement will have no option other than to aggressively enforce smuggling and smoking bans … In an effort to identify smugglers, police will ‘creatively interact’ with citizens for minor crimes, like jaywalking, loitering, trespassing, traffic violations—using those crimes for leverage for information on their tobacco sources. This is the same tactic we use for locating guns and drugs.”

U.S. 25 Attorneys General Urge Shopify to Block Illegal E-Cigarette Sales
U.S. 25 Attorneys General Urge Shopify to Block Illegal E-Cigarette Sales
California Attorney General Rob Bonta and the City of New York co-led a bipartisan coalition of 25 attorneys general in urging Shopify Inc. to take stronger measures against merchants selling illegal e-cigarettes and other tobacco products through its platform. The letter calls for cooperation between Shopify and U.S. states to address the persistent sale of unapproved vaping products.
Nov.25 by 2FIRSTS.ai
AIRSCREAM Unlocks Pan-European Nicotine Pouch Market for B2B Partners with Full-Service EU OEM Solutions
AIRSCREAM Unlocks Pan-European Nicotine Pouch Market for B2B Partners with Full-Service EU OEM Solutions
Showcased at PouchEx Stockholm, AIRSCREAM’s end-to-end OEM ecosystem demonstrates how brands can enter the fast-growing European nicotine pouch market with greater speed, confidence, and regulatory readiness.
Dec.04
Alaska Settles with Juul and Altria for $7.8 Million After Five-Year Lawsuit
Alaska Settles with Juul and Altria for $7.8 Million After Five-Year Lawsuit
The State of Alaska has reached a $7.8 million settlement with e-cigarette maker Juul and its investor Altria, concluding a five-year lawsuit alleging the companies targeted Alaskan youth with nicotine products.
Dec.08 by 2FIRSTS.ai
Japan Tobacco launches third limited-edition Ploom AURA color “Aqua Green,” rolling out nationwide in December
Japan Tobacco launches third limited-edition Ploom AURA color “Aqua Green,” rolling out nationwide in December
Japan Tobacco (JT) announced that its heated tobacco device Ploom AURA will introduce a new limited-edition “Aqua Green” color in December. As the third release in JT’s 2025 limited series, the model will be available through official channels from December 1 and will roll out to convenience stores and selected tobacco retailers nationwide starting December 9.
Nov.24 by 2FIRSTS.ai
U.S. FDA Unveils Next-Generation Agentic AI Tool to Boost Review and Regulatory Efficiency
U.S. FDA Unveils Next-Generation Agentic AI Tool to Boost Review and Regulatory Efficiency
The U.S. FDA has announced the agency-wide deployment of new agentic AI capabilities, providing all employees with an optional multi-step task automation tool. Building on the broad adoption of its earlier large-language-model system, Elsa, the FDA aims to use this next-generation AI workflow to accelerate product review, regulatory oversight, and internal operations, while maintaining strict human supervision and data security.
Dec.02 by 2FIRSTS.ai
Councils Remove 1.2 Million Illicit Vapes from UK High Streets
Councils Remove 1.2 Million Illicit Vapes from UK High Streets
UK council data shows that two illegal vapes were seized every minute in 2025, with a total of 1.2 million illicit vapes removed from high streets. Over the past year, authorities also seized millions of illegal cigarettes and other nicotine products. Consumer surveys indicate that more than half of UK vapers believe they have unknowingly purchased illegal vaping products.
Dec.23 by 2FIRSTS.ai