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.”

UK Disposable Vape Ban Marks One Year as Adult Use Falls to 8% and Youth Use to 13%
UK Disposable Vape Ban Marks One Year as Adult Use Falls to 8% and Youth Use to 13%
One year after the UK ban on single-use disposable vapes took effect, YouGov data commissioned by Action on Smoking and Health shows that 13% of 11-17-year-old vapers and 8% of adult vapers now mainly use disposable products.
Jun.18
EU Launches Online Feedback as TPD Revision Enters New Milestone
EU Launches Online Feedback as TPD Revision Enters New Milestone
The European Commission has opened an online call for evidence on revising EU tobacco products and advertising rules, marking a new phase in the TPD/TAD review. Policy options may cover novel products, flavours, packaging, digital marketing and advertising. A 2Firsts review of 855 early submissions shows rapid engagement and recurring debate over differentiated regulation, harm reduction, youth protection, illicit trade and economic impact.
Special Report
May.21
German Environment Minister Plans Bill to Ban Disposable E-Cigarettes This Year
German Environment Minister Plans Bill to Ban Disposable E-Cigarettes This Year
German Federal Environment Minister Carsten Schneider said he is preparing legislation to ban disposable e-cigarettes and will present a bill this year. Industry data estimated that legal e-cigarette sales in Germany rose by about one quarter in 2025 to €2.4 billion. Refillable devices are not expected to be affected by the ban.
May.09 by 2FIRSTS.ai
 FDA Begins Review of 22nd Century’s VLN MRTP Renewal Applications
FDA Begins Review of 22nd Century’s VLN MRTP Renewal Applications
The U.S. Food and Drug Administration (FDA) has initiated scientific review of renewal applications for 22nd Century Group’s VLN reduced-nicotine cigarettes under the Modified Risk Tobacco Product (MRTP) pathway, with current authorizations set to expire in December 2026.
News
May.13
Nicotine Beyond Tobacco? Cell Study Signals Emerging Shift in Production Systems
Nicotine Beyond Tobacco? Cell Study Signals Emerging Shift in Production Systems
Researchers at the Chinese Academy of Sciences reconstructed nicotine biosynthesis in non-tobacco plants and yeast systems, highlighting how advances in synthetic biology could gradually reshape future nicotine production technologies and challenge regulatory frameworks built around tobacco-derived definitions.
Special Report
May.07
New West Virginia Vape Law Begins, With Packaging and Ad Restrictions Ahead
New West Virginia Vape Law Begins, With Packaging and Ad Restrictions Ahead
West Virginia’s Vape Safety Act will take effect Thursday, requiring vapor products sold in vape and smoke shops to carry health warnings, legal-age notices, manufacturer information and ingredient disclosures, while introducing new licensing and enforcement rules.
Jun.10