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.”

Tennessee’s “Tobacco Product Retail Licensing Act” Would Require New Licenses for Tobacco and Vapes
Tennessee’s “Tobacco Product Retail Licensing Act” Would Require New Licenses for Tobacco and Vapes
A newly introduced Tennessee bill, S.B. 2086, would create a statewide tobacco product retail licensing system, move oversight to the Tennessee Alcohol Commission, and impose fees and escalating penalties. The proposal also requires all tobacco product sales to occur as in-person, over-the-counter transactions at licensed locations—effectively banning direct-to-consumer shipping of cigars and potentially restricting curbside or phone-order pickup models.
Jan.28 by 2FIRSTS.ai
Vietnam Ho Chi Minh City police seize 28,657 illegal vape-related products worth over US$182,400
Vietnam Ho Chi Minh City police seize 28,657 illegal vape-related products worth over US$182,400
Police in Ho Chi Minh City, Vietnam say they dismantled a large illegal vape distribution ring led by 29-year-old Nguyễn Ngọc Quốc Uy, who allegedly built a concealed “secret room” to hide contraband. Officers seized 28,657 items valued at more than VND 4.8 billion (about US$182,400).
Feb.04 by 2FIRSTS.ai
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
During the “Toxicological Profile” session at FDA’s Feb 10 PMTA roundtable, officials outlined the carcinogenicity tiering system and Excess Lifetime Cancer Risk (ELCR) framework used in ENDS reviews under the APPH standard. Small manufacturers questioned database transparency, exposure assumptions, and the existence of clear compliance benchmarks. FDA reiterated toxicological risk is assessed case by case within a broader population-level determination.
Feb.11
FDA Says Flavored ENDS Must Show “Added Benefit” as Small Manufacturers Seek Clearer Switching Benchmarks
FDA Says Flavored ENDS Must Show “Added Benefit” as Small Manufacturers Seek Clearer Switching Benchmarks
During the FDA PMTA roundtable session on “Studies of Adult Benefit,” officials said flavored ENDS must demonstrate “added benefit” over tobacco-flavored products under the APPH standard, including sustained complete switching evidence. Small manufacturers questioned switching benchmarks, study duration, and bridging expectations.
Feb.11
Small ENDS Manufacturers Press FDA on Abuse Liability Standards as Agency Defines Pharmacological Review Framework
Small ENDS Manufacturers Press FDA on Abuse Liability Standards as Agency Defines Pharmacological Review Framework
At the third session of its PMTA roundtable, the FDA outlined its framework for assessing abuse liability in ENDS products, emphasizing the role of nicotine pharmacokinetics and product-specific data in APPH determinations. Small manufacturers questioned the high cost of clinical PK studies and the absence of defined numeric thresholds, while raising bridging strategies and PBPK modeling as potential alternatives.
Feb.11
FDA Commissioner Stresses “Predictability” as Science Chief Addresses Industry Uncertainty
FDA Commissioner Stresses “Predictability” as Science Chief Addresses Industry Uncertainty
FDA Commissioner Marty Makary briefly appeared at the February 10 PMTA roundtable, underscoring the importance of regulatory predictability. At the close of the session, Office of Science Director Matthew Farrelly responded to industry concerns over review uncertainty, stating the agency will issue a written summary of feedback, while reiterating that no fixed quantitative risk benchmark governs authorization decisions.
Feb.11