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.”

Turkey Plans to Ban E-Cigarette Advertising Under Revised Commercial Advertising Rules
Turkey Plans to Ban E-Cigarette Advertising Under Revised Commercial Advertising Rules
Turkey is advancing amendments to its Regulation on Commercial Advertising and Unfair Commercial Practices, proposing stricter controls on e-cigarette and gambling advertising.
Dec.26 by 2FIRSTS.ai
Malaysia’s Perak Health Department says seized vape-related items valued at RM2,738 during two-week operation
Malaysia’s Perak Health Department says seized vape-related items valued at RM2,738 during two-week operation
Malaysia’s Perak State Health Department said it carried out a two-week joint enforcement operation from January 1 to 14, 2026, in line with the state government’s policy prohibiting renewals of vape sales licences effective January 1.
Jan.20 by 2FIRSTS.ai
BREAKING: China Brings Nicotine Pouches Under Tobacco Monopoly Regulation, Signaling Major Shift for Oral Products
BREAKING: China Brings Nicotine Pouches Under Tobacco Monopoly Regulation, Signaling Major Shift for Oral Products
China has for the first time issued clear regulatory rules for nicotine pouches and other oral nicotine products, formally classifying them under the tobacco monopoly alongside cigarettes and tobacco, ending a long-standing legal grey zone and laying the regulatory groundwork for their potential domestic launch.
Jan.09 by Alan Zhao | 2Firsts Perspectives
USITC Issues Final Ruling in 337-TA-1392 Investigation, Imposes Limited Exclusion Order and Cease and Desist Orders
USITC Issues Final Ruling in 337-TA-1392 Investigation, Imposes Limited Exclusion Order and Cease and Desist Orders
USITC issues final ruling on oil vaporizing devices, components violating tariff law, with limited exclusion order and cease-and-desist orders.
Jan.21 by 2FIRSTS.ai
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Authorities in Astana’s Baikonur District have intensified enforcement against illegal smokeless tobacco and related products in 2025. Police conducted 59 inspection raids, identifying 63 cases of illegal sales of smokeless tobacco (nasvay). Total fines imposed reached KZT 3,096,450(approximately USD 5,880). Officials said inspections and preventive outreach will continue.
Dec.29 by 2FIRSTS.ai
China Tobacco Annual Meeting Flags “New Growth Drivers” for 2026: Cigarette Innovation, Domestic Cigars, Overseas Business and Multi-Purpose Use
China Tobacco Annual Meeting Flags “New Growth Drivers” for 2026: Cigarette Innovation, Domestic Cigars, Overseas Business and Multi-Purpose Use
China’s tobacco authorities used their annual industry meeting in Beijing to outline new growth drivers for 2026, highlighting cigarette innovation, domestic cigars, overseas business expansion and multi-purpose tobacco applications.
Jan.20