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.”

Japan Tobacco Launches Nordic Spirit Nicotine Pouches in Japan; Nationwide Rollout Starts April 6
Japan Tobacco Launches Nordic Spirit Nicotine Pouches in Japan; Nationwide Rollout Starts April 6
Japan Tobacco (JT) has introduced the new Nordic Spirit nicotine pouch brand in Japan. The Cola Fizz Medium flavor began early sales on March 3, 2026 via the CLUB JT online shop, and will be rolled out sequentially from April 6 through nationwide channels including 7-Eleven, Lawson, and NewDays. The Berry Mix Medium flavor is expected to launch on CLUB JT around mid-March.
Mar.04 by 2FIRSTS.ai
Cyprus customs seizes 269 packs containing cannabis and THC; Pharmacy Department flags unauthorized CBD products
Cyprus customs seizes 269 packs containing cannabis and THC; Pharmacy Department flags unauthorized CBD products
The report says an international operation across EU countries aimed at detecting illicit substances in e-cigarettes also took place in South Cyprus, where multiple e-liquid items and products containing cannabis and THC were seized. It states the operation, titled “eVAPER8,” was conducted by the International Narcotics Control Board (INCB) in November and December to identify e-cigarette liquids that may contain synthetic drugs.
Feb.09 by 2FIRSTS.ai
Denver’s Flavored Tobacco Ban Faces Constitutional Challenge From Vape Trade Group
Denver’s Flavored Tobacco Ban Faces Constitutional Challenge From Vape Trade Group
A Colorado vape industry trade group says Denver’s voter-approved flavored tobacco sales ban is unconstitutional and too vague to enforce. The group is asking a state court for a permanent injunction blocking enforcement of Ordinance 24-1765 and for a declaration allowing flavored tobacco and vape sales, citing state constitutional vagueness concerns and multiple U.S. constitutional issues.
Jan.27 by 2FIRSTS.ai
NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects
NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects
A filing in the U.S. District Court for the Eastern District of Virginia (Richmond Division) shows NJOY and Altria entities submitted a plaintiffs’ reply supporting their motion for summary judgment, arguing the challenged ITC proceeding is unconstitutional on multiple grounds, including ALJ appointment authority, removal protections, and Article III limits under the Jarkesy framework. The plaintiffs seek summary judgment and a permanent injunction barring continuation of the ITC proceeding.
Jan.08 by 2FIRSTS.ai
Glasgow bin lorry fires spark calls to broaden vape and battery disposal messaging
Glasgow bin lorry fires spark calls to broaden vape and battery disposal messaging
Glasgow residents have been warned that throwing batteries and vapes away at home can endanger refuse workers, amid bin lorries catching fire. The city council said it will launch a communications campaign next month to tell people to place batteries in special bins at supermarkets or household waste recycling centres, supported by a dedicated web page listing other disposal sites.
Feb.11 by 2FIRSTS.ai
Mexico to impose an absolute ban on the commercialization, import and sale of vapes from Jan. 16, 2026
Mexico to impose an absolute ban on the commercialization, import and sale of vapes from Jan. 16, 2026
Mexico will enforce an absolute ban on the commercialization, import and sale of vapes and e-cigarettes from January 16, 2026, under a reform published in the Official Journal of the Federation (DOF) amending the General Health Law.
Jan.16 by 2FIRSTS.ai