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.”

Kentucky Governor Signs Tobacco, Nicotine, and Vapor Product Licensing Bill Into Law
Kentucky Governor Signs Tobacco, Nicotine, and Vapor Product Licensing Bill Into Law
A Kentucky bill relating to tobacco, nicotine, and vapor product licensing was signed by the governor on April 10, 2026, and enacted as Acts Chapter 70. The measure sets application requirements for tobacco, nicotine, and vapor product licenses, governs batch licensing, renewals, ownership changes, and denial grounds, and requires the Department of Alcoholic Beverage Control to publish application forms and related regulations within 30 days of the law’s effective date.
Apr.14 by 2FIRSTS.ai
BAT Rothmans Upgrades neo™ Boost for glo™ HYPER Series
BAT Rothmans Upgrades neo™ Boost for glo™ HYPER Series
BAT Rothmans said on April 13 that its heated tobacco brand glo™ will launch an upgraded version of neo™ Boost, the dedicated stick for the HYPER series. The company said the refresh focuses on strengthening freshness and cooling sensations to improve the overall user experience.
Apr.14 by 2FIRSTS.ai
ZYN by IQOS to Roll Out Across Tokyo From May 11 Through IQOS Shops and Lawson
ZYN by IQOS to Roll Out Across Tokyo From May 11 Through IQOS Shops and Lawson
Philip Morris Japan announced on April 23 at a product briefing that ZYN by IQOS, an oral tobacco pouch previously launched in selected areas, will expand sales in Tokyo. The company said the product will be released progressively from May 11 through IQOS shops, Lawson and other outlets in the city. The launch will include four flavors, each offered in Low and Medium intensity levels, for a total of eight products.
Apr.27 by 2FIRSTS.ai
Argentina’s New Nicotine Rules Draw Cautious Optimism and Market Concerns, Local Tobacco Harm Reduction Advocate Says
Argentina’s New Nicotine Rules Draw Cautious Optimism and Market Concerns, Local Tobacco Harm Reduction Advocate Says
Argentina’s new tobacco and nicotine framework marks a shift from prohibition toward registration, traceability and health surveillance. Argentine THR advocate Juan Facundo Teme told 2Firsts that adult consumers and parts of the local commercial sector are cautiously optimistic, but concerns remain over flavor limits, registration costs and market access. The policy’s implementation may determine whether Argentina can move informal sales into regulated channels.
May.11
Belgian Health Minister Calls Tobacco Industry “Criminal” After Court Undermines Supermarket Sales Ban
Belgian Health Minister Calls Tobacco Industry “Criminal” After Court Undermines Supermarket Sales Ban
Belgian Health Minister Frank Vandenbroucke described the tobacco industry as a “criminal” sector with “no future” during an appearance on VRT’s current affairs program Ter Zake. His comments came after Belgium’s Constitutional Court ruled that a government ban on cigarette and vape sales in supermarkets was discriminatory because it allowed small shops to sell tobacco products while prohibiting larger retailers from doing so.
May.07 by 2FIRSTS.ai
York Traders Could Face Fines of Up to GBP 200 Under New Illegal Vape Enforcement Plans
York Traders Could Face Fines of Up to GBP 200 Under New Illegal Vape Enforcement Plans
City of York Council is considering new plans that would allow fines of up to GBP 200.00 (approximately USD 260.00) for traders caught selling illegal single-use vapes.
Apr.09 by 2FIRSTS.ai