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.”

Product | 22ml Combined E-Liquid Supply, Rated for 35,000 Puffs: OXBAR Launches the OX35K Open-System Pod Device
Product | 22ml Combined E-Liquid Supply, Rated for 35,000 Puffs: OXBAR Launches the OX35K Open-System Pod Device
The vaping brand OXBAR has recently listed its open-system, refillable pod device OX35K on its official website. The product features a “2ml built-in pod + two 10ml external refill bottles” e-liquid supply structure and supports top refilling, with a claimed puff count of up to 35,000. It is equipped with a 1000mAh built-in battery and offers dual power modes—BOOST and ECO—positioning the device to balance high-puff performance with an open-system form factor.
Jan.13 by 2FIRSTS.ai
KT&G Revises Partnership Terms with PMI, Secures Overseas Commercialization Rights for Multiple Heated Tobacco Platforms
KT&G Revises Partnership Terms with PMI, Secures Overseas Commercialization Rights for Multiple Heated Tobacco Platforms
KT&G has revised the terms of its 15-year partnership agreement with Philip Morris International (PMI), securing overseas commercialization rights for multiple heated tobacco platforms and adjusting the minimum guaranteed sales volume for lil-exclusive heated tobacco sticks from 16 billion units to 11 billion units.
Dec.12 by 2FIRSTS.ai
NZ Government Eyes Sale of Smokeless Tobacco; Critics Warn of “Backslide”
NZ Government Eyes Sale of Smokeless Tobacco; Critics Warn of “Backslide”
Associate Health Minister Casey Costello faced renewed scrutiny in Parliament’s health select committee over her handling of tobacco-related policy and alleged ties to the tobacco industry. The government is considering allowing smokeless nicotine products such as snus and nicotine pouches, provided they meet safety and youth-access regulations.
Dec.05 by 2FIRSTS.ai
Alan Zhao: China’s High-Level Crackdown on Illicit Tobacco and Vaping Will Reshape the Global Market
Alan Zhao: China’s High-Level Crackdown on Illicit Tobacco and Vaping Will Reshape the Global Market
Alan Zhao wrote an article interpreting China's highest-level law enforcement action against illegal tobacco and e-cigarettes. He believes that this is not only an upgrade of domestic governance but will also have a profound impact on the global new tobacco supply chain and market pattern.
Dec.19 by 2Firsts Perspectives
Azerbaijan Parliament Passes E-cigarette Ban Bill in First Reading
Azerbaijan Parliament Passes E-cigarette Ban Bill in First Reading
Azerbaijan’s Milli Majlis has approved, in its first reading, a bill that would ban the import, export, production, storage, wholesale and retail sale, and use of electronic cigarettes and their components. The bill amends the Law on Tobacco and Tobacco Products, classifying nicotine-containing e-cigarettes as tobacco products while explicitly excluding heated tobacco products. If adopted, the law would take effect on February 1, 2026.
Dec.22 by 2FIRSTS.ai
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
Virginia Attorney General Jason Miyares and Tax Commissioner James J. Alex have asked a federal court to dismiss a lawsuit challenging the state’s ban on flavored e-cigarettes. They argue plaintiffs lack standing because the products are already illegal under federal law. The state denies claims of federal preemption and asserts sovereign immunity, maintaining that its ban aligns with its authority to protect public health.
Nov.24 by 2FIRSTS.ai