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.”

West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
A bill completed during West Virginia’s 2026 regular legislative session would make a one-time allocation of USD 2.9 million from the state’s USD 7.9 million settlement with Juul to youth tobacco prevention and cessation programs.
Mar.19 by 2FIRSTS.ai
Latvian Parliament Gives Initial Support to E-Cigarette Deposit Scheme Amendments
Latvian Parliament Gives Initial Support to E-Cigarette Deposit Scheme Amendments
On April 1, Latvia’s parliament gave conceptual support to amendments to the Waste Management Law that would introduce a deposit system for e-cigarettes in order to reduce pollution and environmental harm caused by these products.
Apr.03 by 2FIRSTS.ai
Special Report | Breeze and Glas Seek White House Review as FDA Advances Flavored ENDS Guidance
Special Report | Breeze and Glas Seek White House Review as FDA Advances Flavored ENDS Guidance
Breeze Smoke and Glas, Inc. have separately requested White House review under Executive Order 12866 as the FDA advances draft guidance on flavored ENDS (RIN 0910-ZC78). The guidance aims to clarify evidentiary standards under the statutory “appropriate for the protection of public health” (APPH) framework. The parallel filings highlight industry concern over regulatory predictability, particularly as Glas’s PMTA review status has recently drawn market attention.
Special Report
Mar.03
Azerbaijan Amends Administrative Offenses Code to Penalize E-Cigarette Violations
Azerbaijan Amends Administrative Offenses Code to Penalize E-Cigarette Violations
Azerbaijan has established fines for the import, export, production and sale of e-cigarettes. Under amendments to the Administrative Offenses Code approved by President Ilham Aliyev, using e-cigarettes in places prohibited by the law “On the Restriction of Tobacco Product Use,” including streets and other public areas, will result in a fine of 30 manat.
Mar.16 by 2FIRSTS.ai
Spanish Congress Health Committee Approves Motion to Restrict Vape and Nicotine Pouch Sales to Authorized Channels
Spanish Congress Health Committee Approves Motion to Restrict Vape and Nicotine Pouch Sales to Authorized Channels
Spain’s Congress Health Committee has approved a non-binding motion calling for the sale of vapes, nicotine pouches, and related products to be limited to regulated authorized channels, excluding internet sales and non-specialized stores. The motion was introduced by the Socialist Parliamentary Group and approved after a negotiated text with the Popular Party.
Apr.15 by 2FIRSTS.ai
South Korea’s Revised Tobacco Business Act to Take Effect, With Penalties for Unauthorized Sales
South Korea’s Revised Tobacco Business Act to Take Effect, With Penalties for Unauthorized Sales
With the revised Tobacco Business Act set to take effect on April 24, synthetic nicotine e-cigarettes will be included within the legal definition of tobacco in South Korea. According to information released by Ongjin County, businesses wishing to sell these products must obtain tobacco retailer designation from the relevant authority.
Mar.25 by 2FIRSTS.ai