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.”

New Nicotine Products Added to Tax List in Delaware Budget Proposal
New Nicotine Products Added to Tax List in Delaware Budget Proposal
Delaware Governor Matt Meyer’s proposed FY2027 budget would significantly raise cigarette and nicotine product taxes to help close a $500 million budget gap and generate new revenue. The cigarette tax would rise from $2.10 to $3.60 per pack, with increases on moist snuff, e-liquids and other tobacco products. Supporters say the move is justified, while small businesses warn of potential sales losses.
Feb.17
Canadians visiting Mexico warned of stricter penalties for bringing e-cigarettes or vaping devices
Canadians visiting Mexico warned of stricter penalties for bringing e-cigarettes or vaping devices
Canadians traveling to Mexico should avoid packing e-cigarettes or vaping devices, citing Canada’s travel advisory warning that tourists have been banned from bringing such items into Mexico since 2025. The advisory says customs officials could confiscate the items upon arrival and travelers could be fined or detained.
Feb.09 by 2FIRSTS.ai
FDA Issues Draft PMTA Guidance for Flavored E-Cigarettes, Maintaining Higher Evidence Bar for Fruit and Sweet Flavors
FDA Issues Draft PMTA Guidance for Flavored E-Cigarettes, Maintaining Higher Evidence Bar for Fruit and Sweet Flavors
The U.S. Food and Drug Administration (FDA) on March 9 released a draft guidance outlining its current thinking on premarket tobacco product applications (PMTAs) for flavored electronic nicotine delivery systems (ENDS). The document reiterates that fruit, candy, dessert, and other sweet-flavored e-cigarettes present a “significant public health risk” to youth and therefore face a higher evidentiary burden if manufacturers seek marketing authorization.
Mar.10 by 2FIRSTS.ai
Kyrgyzstan: Jogorku Kenesh committee sends draft vape ban bills back for revisions
Kyrgyzstan: Jogorku Kenesh committee sends draft vape ban bills back for revisions
Kyrgyzstan Jogorku Kenesh committee on labor, health, women’s affairs and social issues decided to withdraw for revision two draft laws related to banning electronic nicotine delivery systems and e-cigarettes in Kyrgyzstan.
Jan.14 by 2FIRSTS.ai
Arizona’s Operation Counter Strike Conducts 1,882 Tobacco Retailer Inspections in Fiscal 2025, Issues 451 Criminal Citations
Arizona’s Operation Counter Strike Conducts 1,882 Tobacco Retailer Inspections in Fiscal 2025, Issues 451 Criminal Citations
Arizona Attorney General Kris Mayes announced the results of the Attorney General’s Office “Operation Counter Strike” program on March 9, 2026.
Mar.11 by 2FIRSTS.ai
Azerbaijan parliament passes third-reading amendments introducing e-cigarette penalties, effective April 1, 2026
Azerbaijan parliament passes third-reading amendments introducing e-cigarette penalties, effective April 1, 2026
Azerbaijan’s Milli Majlis has adopted, in its third reading, amendments to the Code of Administrative Offences introducing fines and confiscation for the use of e-cigarettes and their components, as well as import, export, production, wholesale and retail sales, and storage for sale.
Mar.04 by 2FIRSTS.ai