Police: Menthol Ban Will ‘Create Crime’

Industry InsightInnovation by tobaccoreporter
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.”

Thai Cabinet Approves NHRC Proposal to Tighten E-Cigarette Regulation
Thai Cabinet Approves NHRC Proposal to Tighten E-Cigarette Regulation
Thailand’s Cabinet approved a National Human Rights Commission proposal to tighten e-cigarette regulation. The Health Ministry was instructed to raise public awareness on vaping risks and amend the 2017 Tobacco Control Act to cover all tobacco products, including vapes and new forms, while enforcing WHO FCTC Article 5.3 to prevent industry interference.
Oct.28 by 2FIRSTS.ai
ARAC to 2Firsts | FDA’s Nicotine Pouch Pilot: What Hasn’t Changed Matters Most
ARAC to 2Firsts | FDA’s Nicotine Pouch Pilot: What Hasn’t Changed Matters Most
In a contribution to 2Firsts, U.S. regulatory consultancy ARAC analyzes the FDA’s nicotine pouch PMTA pilot, cautioning that core evidentiary standards remain unchanged. The firm warns against overinterpreting the pilot and urges companies to act now rather than wait for uncertain regulatory shifts.
Oct.21
JT Launches Ploom AURA “Navy Blue” Edition with a Limited-Time Half-Price Offer
JT Launches Ploom AURA “Navy Blue” Edition with a Limited-Time Half-Price Offer
From Oct 14, JT will sell the Ploom AURA “Navy Blue” nationwide at convenience stores and select tobacco retailers; the starter kit will be ¥1,480 (down from ¥2,980) from Oct 13–Nov 9.
Oct.09
Russian Nizhny Novgorod Deputies Propose Regional Power to Ban Vape Sales
Russian Nizhny Novgorod Deputies Propose Regional Power to Ban Vape Sales
The Nizhny Novgorod Legislative Assembly regional lawmakers have prepared a resolution proposing amendments to federal law that would grant Russian regions the authority to ban vape sales locally. The draft, developed by the assembly’s economic committee, was published this week.
Oct.24 by 2FIRSTS.ai
Philippines police seize $200k worth of illegal e-cigarette products, arrest 2 suspects
Philippines police seize $200k worth of illegal e-cigarette products, arrest 2 suspects
Philippine police in Cavite seize $200,000 worth of illegal e-cigarette products, arresting two suspects. Crackdown on smuggling intensifies.
Oct.13 by 2FIRSTS.ai
Belarus Increases e-cigarette tax by 20% and Reinstates Tax on heated tobacco
Belarus Increases e-cigarette tax by 20% and Reinstates Tax on heated tobacco
Belarus government plans to raise tobacco tax by 12% and e-cigarette tax by 20%, aiming to regulate all smoking devices.
Oct.21 by 2FIRSTS.ai