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.”

Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
The Azerbaijan Institute of Standardization (AZSTAND) has announced the cancellation of state standard AZS 941:2023, “Electronic Cigarettes. General Technical Specifications.”Under legal amendments adopted on December 30, 2025, Azerbaijan has prohibited from April 1, 2026 the import, export, manufacture, storage, wholesale and retail sale, and use of e-cigarettes and their components.
Apr.07 by 2FIRSTS.ai
New York’s Lawsuit Against Puff Bar and Other Flavored Vape Companies Survives Key Court Challenge
New York’s Lawsuit Against Puff Bar and Other Flavored Vape Companies Survives Key Court Challenge
According to Law360, a federal judge ruled that makers and distributors of flavored vape brands such as Puff Bar cannot escape New York’s lawsuit seeking to hold them responsible for the youth vaping epidemic. The court found that the state had adequately alleged the companies misrepresented how safe vaping is.
Apr.07 by 2FIRSTS.ai
Special Report | PLONQ Expands in China With New Shenzhen Hub to Accelerate R&D and Partnerships
Special Report | PLONQ Expands in China With New Shenzhen Hub to Accelerate R&D and Partnerships
On March 27, 2026, PLONQ officially opened its upgraded Shenzhen office, reinforcing its long-term commitment to China and marking a new phase of growth. As a leading vape brand in Russia, PLONQ is expanding into new product categories while strengthening R&D, engineering collaboration, and partnerships with Chinese companies. The Shenzhen office will accelerate product development, enhance cooperation with technology and manufacturing partners, and support future growth initiatives.
Apr.01
Imperial Tobacco Canada Responds to Anti-Smoking Groups on Youth Vaping
Imperial Tobacco Canada Responds to Anti-Smoking Groups on Youth Vaping
Imperial Tobacco Canada responded to the April 17 press conference by anti-smoking groups by calling for a more focused, fact-based discussion on youth vaping that targets the illicit market. The company said youth should not be using nicotine products and that it supports strong measures to prevent youth access, but argued that the discussion failed to clearly distinguish between the regulated market and the illicit market that is driving youth access.
Apr.22 by 2FIRSTS.ai
Nebraska weighs child-safety lock requirement for vapes sold in the state
Nebraska weighs child-safety lock requirement for vapes sold in the state
Nebraska lawmakers heard testimony on LB1254, which would require electronic smoking devices sold in the state to include built-in child safety features. Violations would be a Class IV misdemeanor carrying a fine of up to $500. Supporters argued young children can easily activate unprotected devices by inhaling, risking exposure to nicotine and other toxic chemicals, and said safeguards should mirror child-resistant measures used for medications and other household products.
Feb.28 by 2FIRSTS.ai
Special Report | China’s Two Sessions Revisit Consumption Tax Reform, Tobacco Tax Outlook Draws Attention
Special Report | China’s Two Sessions Revisit Consumption Tax Reform, Tobacco Tax Outlook Draws Attention
China’s 2026 “Two Sessions” again raised the issue of consumption tax reform. As the largest source of consumption tax revenue, the tobacco tax system—its collection stages, tax structure and regional revenue distribution—has re-entered the policy discussion. This article outlines the structure of China’s tobacco consumption tax, past adjustments and key areas of debate, providing international readers with background on one of the country’s most important tax categories.
Special Report
Mar.08