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.”

Dutch Data Show 244 Companies Continued Illegal Vape Sales After Two Fines
Dutch Data Show 244 Companies Continued Illegal Vape Sales After Two Fines
According to RTL Nieuws, citing figures from the Netherlands Food and Consumer Product Safety Authority (NVWA), hundreds of Dutch shops continue to sell illegal vapes, often even after repeated fines.
Apr.08 by 2FIRSTS.ai
NYC makers turn discarded disposable vapes into “Vape Synth” mini digital instruments
NYC makers turn discarded disposable vapes into “Vape Synth” mini digital instruments
The report says disposable vapes are sold at more than 11 million units per month and often end up in landfills after flavored nicotine juice runs out, along with lithium-ion batteries, microcontrollers, and LEDs, increasing the risk of waste fires. A New York City maker trio known as Paper Bag Team has built “Vape Synth” by cracking open spent Elf Bar cartridges—specifically the EB BC5000—and hacking them into tiny digital instruments.
Feb.12 by 2FIRSTS.ai
Special Report | China’s New Five-Year Plan Highlights “Health-First” Strategy, Providing Policy Context for Tobacco Sector
Special Report | China’s New Five-Year Plan Highlights “Health-First” Strategy, Providing Policy Context for Tobacco Sector
China’s 2026 “Two Sessions” reviewed the draft Outline of the 15th Five-Year Plan, which proposes implementing a health-first development strategy and strengthening the effectiveness of the Patriotic Health Campaign. Although the document does not address specific industries, this public-health governance framework provides a new policy context for observing the future regulation, product strategies, and market development of China’s tobacco and next-generation nicotine sectors.
Industry Insight
Mar.08
European survey: current e-cigarette use among 15–19-year-olds rises from 14% (2019) to 22% (2024)
European survey: current e-cigarette use among 15–19-year-olds rises from 14% (2019) to 22% (2024)
A European study cited in the report says the share of young people aged 15 to 19 who are current e-cigarette users increased from 14% in 2019 to 22% in 2024, with Italy reflecting the broader European pattern. Over the same period, conventional cigarette smoking among young people is described as declining, with the proportion of students who have smoked at least once in their lifetime falling sharply from 1995 to 2024, and the largest drop occurring between 2019 and 2024.
Feb.12 by 2FIRSTS.ai
Australia Plans Tougher Penalties for Illicit Tobacco and Vape Crime
Australia Plans Tougher Penalties for Illicit Tobacco and Vape Crime
The Australian government is preparing a new crackdown on the illicit tobacco market, including stronger penalties, expanded police surveillance powers and tougher asset seizure measures.
Mar.19 by 2FIRSTS.ai
Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Several vape manufacturers and distributors, including Shenzhen Smoore Technology Co. Ltd., Smoore International Holdings, 3Win Corp., Jupiter Research LLC, Canna Brand Solutions, and Greenlane Holdings Inc., have filed motions seeking dismissal of consumer claims in consolidated antitrust litigation in the U.S. District Court for the Northern District of California.
Events
Feb.24