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.”

EVO NXT 2026 Opens in Prague as Global NGP Industry Gathers for Two-Day Event
EVO NXT 2026 Opens in Prague as Global NGP Industry Gathers for Two-Day Event
2026 — EVO NXT 2026 officially opened today in Prague, bringing together manufacturers, brand owners, retailers, and decision-makers from across the global next-generation products (NGP) industry. As the event’s official media partner for the fourth consecutive year, 2Firsts is reporting on site, tracking key developments across the exhibition floor, forum agenda, and broader industry discussions.
Apr.17 by 2FIRSTS.ai
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
A new report from Cancer Council’s Generation Vape research project shows that fewer teenagers in New South Wales are trying vaping after the state government introduced tougher vaping goods laws. Among surveyed NSW teenagers aged 14 to 17, the proportion who had tried vaping fell from 29.6% in April 2024 to 20.1% in October 2025.
Mar.17 by 2FIRSTS.ai
Indonesian Parliament Reviews Narcotics Law Draft, May Include Vape Ban Proposal
Indonesian Parliament Reviews Narcotics Law Draft, May Include Vape Ban Proposal
According to Beritasatu, Commission III of the Indonesian House of Representatives is reviewing the Draft Law on Narcotics and Psychotropics and considering including a proposal from the National Narcotics Agency (BNN) to ban vapes.
Apr.10 by 2FIRSTS.ai
Russian Vape GOST Revision Would Limit Capacity, Packaging Design and Warning Labels
Russian Vape GOST Revision Would Limit Capacity, Packaging Design and Warning Labels
Russia is preparing changes to its e-cigarette state standard GOST R 58109–2018. Under a draft order submitted to Rosstandart, the shelf life of vape devices and liquids would be limited to no more than two years, and capacity would be strictly capped at 2 mL for replaceable capsules, 10 mL for disposable systems and 30 mL for refill containers.
Apr.27 by 2FIRSTS.ai
West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
A bill completed during West Virginia’s 2026 regular legislative session would make a one-time allocation of USD 2.9 million from the state’s USD 7.9 million settlement with Juul to youth tobacco prevention and cessation programs.
Mar.19 by 2FIRSTS.ai
Kenya’s BAT Kenya resumes Velo nicotine pouches after citing regulatory clarity
Kenya’s BAT Kenya resumes Velo nicotine pouches after citing regulatory clarity
BAT Kenya says it has resumed sales of Velo oral nicotine pouches after receiving regulatory clarity, reinforcing its push into non-combustible products as cigarette consumption falls.The company reported a 10% drop in turnover in 2025, with revenue closing at KSh23.2 billion (about $178.64 million), largely attributed to the growing presence of illegal tobacco products.
Mar.03 by 2FIRSTS.ai