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.”

Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
A Louisiana lawmaker has introduced HB 302, which would prohibit businesses from selling vapor products within 300 feet of schools. The bill would measure the distance by a person walking on the sidewalk from the nearest point on school property to the nearest point of the business. It would also give the commissioner authority to modify how the distance is calculated, while maintaining the 300-foot limit.
Feb.26 by 2FIRSTS.ai
Japan Tax Reform Threatens JTI Heated Tobacco Growth in 2026
Japan Tax Reform Threatens JTI Heated Tobacco Growth in 2026
Japan’s plan to remove the lower tax rate for heated tobacco products could slow growth in the country’s largest HTP market, JTI’s CFO said. Retail prices may rise by 70 to 100 yen, though the company plans phased increases to soften the impact.
JTI
Feb.15
Michigan Senate Bill 786 Seeks to Ban Sale of Vapes With Metal Heating Elements
Michigan Senate Bill 786 Seeks to Ban Sale of Vapes With Metal Heating Elements
Michigan lawmakers introduced Senate Bill 786 on February 18, 2026, proposing to prohibit the sale or transfer of vapor products that contain heating elements unless those elements are made of or encased in glass or ceramic materials
Regulations
Feb.21
KT&G’s Heated Tobacco Brand “lil” Named to Korea’s Brand Hall of Fame for Eighth Consecutive Year
KT&G’s Heated Tobacco Brand “lil” Named to Korea’s Brand Hall of Fame for Eighth Consecutive Year
KT&G said its heated tobacco brand “lil” was selected as an outstanding brand in the heated tobacco category of the “2026 Korea Brand Hall of Fame,” marking its eighth straight year on the list. The awards are organized by the Industrial Policy Research Institute (IPS) and determined through a composite evaluation of customer satisfaction, brand value and market performance.
Jan.26 by 2FIRSTS.ai
Philippine public health groups urge an absolute ban on e-cigarettes and heated tobacco products
Philippine public health groups urge an absolute ban on e-cigarettes and heated tobacco products
Public health groups in the Philippines are urging the government to impose an absolute ban on e-cigarettes, heated tobacco products, and other nicotine delivery products, citing health harms and increasing accessibility among youth. The call follows Myanmar’s move to become the eighth ASEAN country to implement a total vape ban and comes as the Philippine Congress deliberates tobacco and vape taxation.
Feb.28 by 2FIRSTS.ai
Michigan Proposes 57% Vape Tax in $800M Revenue Plan
Michigan Proposes 57% Vape Tax in $800M Revenue Plan
Michigan Governor Gretchen Whitmer’s FY2027 executive budget proposes a new 57% wholesale tax on vaping products and oral nicotine items as part of a broader $800 million revenue package aimed at stabilizing Medicaid funding.
Regulations
Feb.23