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.”

AIR Q3 Sales Rise 11%, but New Products Generate Just $2.1 Million in Nine Months as U.S. Vape Push Awaits FDA Review
AIR Q3 Sales Rise 11%, but New Products Generate Just $2.1 Million in Nine Months as U.S. Vape Push Awaits FDA Review
AIR Global PLC (NASDAQ: AIIR), a producer of flavored shisha tobacco and next-generation nicotine products, reported an 11.1% increase in third-quarter 2026 revenue to $99.8 million and a 7.7% rise in adjusted EBITDA to $30.9 million. Revenue for the first nine months increased 6.0% to $306.7 million, but the company posted a $74.2 million net loss, affected by listing-related expenses and other costs. Its New Growth Categories (NGC) business generated $2.1 million in nine-month revenue and an adjusted EBITDA loss of $10.8 million. AIR maintained its 2026 revenue growth guidance of 4%–6%, while lowering its capital expenditure outlook and raising its year-end leverage forecast from approximately 2.1 times to 2.5 times. The company has submitted a U.S. PMTA for its Crown Switch pod vape, with future contributions from new products dependent on regulatory progress and commercialization.
Capital Markets
Nov.13
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's liquid-vape market is showing changes across raw-material imports, product types and sales channels after synthetic nicotine came under the Tobacco Business Act on April 24. Customs data show nicotine-analogue imports totaled 12,126 kilograms from April through August, while synthetic-nicotine imports over the same five months totaled 231,663 kilograms, just 39.3% of the amount imported in March alone. Physical liquid-vape stores tracked in Seoul and Gyeonggi Province fell 9.9%, unmanned outlets edged higher and online sales listings increased from 27,774 to 42,437. Government testing of 105 liquid inhalation products promoted as nicotine-free separately found nicotine in 13 and 6-methylnicotine in 12.
Sep.22
Philippines Mandates Safety Certification for Nicotine Pouches, Gives Industry 12 Months to Comply
Philippines Mandates Safety Certification for Nicotine Pouches, Gives Industry 12 Months to Comply
The Philippines Department of Trade and Industry has placed nicotine pouches under mandatory product certification through Department Administrative Order No. 26-07, Series of 2026. Nicotine pouches must obtain a Philippine Standard, or PS, license before they can be manufactured, imported, packed, distributed or sold in the country. The regime requires testing for nicotine content, pH and water activity, while packaging must disclose nicotine strength, ingredients, allergens, batch information, the PS certification mark and prescribed health warnings. Existing market participants have a 12-month transition period to comply.
Regulations
Oct.12
Product | Philip Morris Korea Launches Two TEREA ONYX Capsule Tobacco Sticks, Expanding Portfolio to Five Lines
Product | Philip Morris Korea Launches Two TEREA ONYX Capsule Tobacco Sticks, Expanding Portfolio to Five Lines
Philip Morris Korea launched TEREA ONYX, a new tobacco stick line for IQOS ILUMA devices, on October 15, 2026. The initial products, AMANG PEARL and CALI PEARL, feature tropical-inspired flavors, Fresh Filters and capsules designed to deliver different flavor experiences before and after activation. Both are priced at KRW 4,800 per pack and are available at convenience stores nationwide and IQOS-operated stores in South Korea. The launch expands the Korean TEREA portfolio from four product lines to five, following earlier capsule tobacco stick additions in 2026.
product
Oct.23
Product | BAT Revises Japan's VELO Convenience Store Lineup, Adding ¥380 Mango Pouches as Selected SKUs Exit
Product | BAT Revises Japan's VELO Convenience Store Lineup, Adding ¥380 Mango Pouches as Selected SKUs Exit
British American Tobacco's Japanese subsidiary, BAT Japan, launched VELO Mango Ice Medium on November 2, 2026, with distribution expanding to selected 7-Eleven, FamilyMart, NewDays and Seicomart stores from November 3. The new oral tobacco product contains 15 pouches per can and retails for ¥380, featuring a mango and cooling flavor profile at Medium intensity. At the same time, BAT Japan raised prices on multiple existing VELO products from ¥360 to ¥380 per can and withdrew selected SKUs from convenience store distribution without discontinuing them entirely. The changes affect product assortment, pricing and retail channel allocation.
product
Nov.04
Product | BAT Launches VELO WRKS Nicotine Pouches in Sweden, Introducing Dual-Compartment Cans With Two Flavours
Product | BAT Launches VELO WRKS Nicotine Pouches in Sweden, Introducing Dual-Compartment Cans With Two Flavours
British American Tobacco (BAT)'s VELO brand launched the VELO WRKS nicotine pouch range in Sweden on November 2, 2026. The initial release features three Dual Can variants, each containing two separate flavours in a dual-compartment container. Each can holds 20 slim pouches with 8mg of nicotine per pouch and retails for SEK 52.99. According to VELO, the first release, Drop 1, is limited to 75,000 cans and will remain available until February 2027 or while stocks last. VELO positions WRKS as a platform for testing new product concepts and has introduced an online consumer feedback survey. EU trademark records show BAT applied to register VELO WRKS in March 2026 under Class 34, covering nicotine pouches, e-cigarettes, heated tobacco products and other tobacco-related goods.
product
Nov.03