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.”

FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
The U.S. Food and Drug Administration released a programmatic environmental assessment covering nicotine pouches and other oral nicotine products, concluding that their overall environmental impact is generally minimal.
Regulations
May.22
Revised Tobacco Business Act to Take Effect in South Korea, Banning Online Sales of Liquid Vapes
Revised Tobacco Business Act to Take Effect in South Korea, Banning Online Sales of Liquid Vapes
South Korea’s Ministry of Health and Welfare will implement a partial revision of the Tobacco Business Act on April 24. The scope will expand from products made with “tobacco leaves” to all products manufactured with natural or synthetic nicotine. Synthetic nicotine liquid e-cigarettes, which had previously been treated as industrial products and were freely sold and advertised online, will from April 24 be subject to the same regulations as ordinary tobacco products.
Apr.23 by 2FIRSTS.ai
BAT New Zealand Says Illicit Tobacco Trade Drove Nearly 29% Revenue Decline in 2025
BAT New Zealand Says Illicit Tobacco Trade Drove Nearly 29% Revenue Decline in 2025
British American Tobacco New Zealand said the illicit tobacco trade is responsible for its profit halving and revenue falling between the 2024 and 2025 financial years. Financial results filed with the Companies Office show that BAT Holdings (New Zealand) recorded 2025 revenue of NZ$180.7 million, or about US$106.95 million based on the European Central Bank’s April 27, 2026 reference rates, down from NZ$254 million, or about US$150.33 million, in 2024.
Apr.28 by 2FIRSTS.ai
UK Tobacco and Vapes Bill Returns to House of Lords on April 20 for Ping Pong Consideration
UK Tobacco and Vapes Bill Returns to House of Lords on April 20 for Ping Pong Consideration
The UK Tobacco and Vapes Bill is set to return to the House of Lords on April 20 for consideration of Commons amendments in the parliamentary “ping pong” process. The bill aims to create the first “smoke-free generation” by ensuring that children turning 15 this year or younger can never legally be sold tobacco. It also seeks to enable product and information requirements to be imposed in connection with tobacco, vapes, and other products.
Apr.21 by 2FIRSTS.ai
Disposable Vape Ban Shifts Purchasing Formats as UK Vape Volume Falls 10.3%
Disposable Vape Ban Shifts Purchasing Formats as UK Vape Volume Falls 10.3%
Data from convenience insight agency Talysis shows that the value of tobacco, vapes and smoking alternatives in the independent convenience sector fell by 4.4% in the first quarter of 2026, while volume fell by 7.8%. The vaping subcategory declined by 3.9% in value and 10.3% in volume over the same period. Talysis said the impact of the disposable vape ban continues to pressure turnover and footfall.
May.08 by 2FIRSTS.ai
Can hookah go institutional? A hookah company seeking to go public makes its case with capital, technology and regulation
Can hookah go institutional? A hookah company seeking to go public makes its case with capital, technology and regulation
2Firsts explored whether hookah can evolve into a more mature and governable category by interviewing Dubai-based hookah company AIR. AIR argues that strong margins, OOKA’s closed-system model and the prospect of differentiated regulation could support that shift. The larger question is whether this is simply AIR’s capital-markets narrative, or an early sign that competition, regulation and category boundaries in hookah are beginning to change.
Apr.02