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.”

RJ Reynolds asks ITC to investigate alleged vape restriction violations by Heaven Gifts network
RJ Reynolds asks ITC to investigate alleged vape restriction violations by Heaven Gifts network
R.J. Reynolds Tobacco Co. has asked the U.S. International Trade Commission to open a Section 337 investigation into Heaven Gifts International — the umbrella company behind Elf Bars and Geek Bars — its subsidiaries and nine U.S. distributors.
Jan.16 by 2FIRSTS.ai
2Firsts Flash|PMI Reports 2025 Results as Smoke-Free Products Account for 41.5% of Net Revenues
2Firsts Flash|PMI Reports 2025 Results as Smoke-Free Products Account for 41.5% of Net Revenues
Philip Morris International reported full-year 2025 results on February 6, with smoke-free products accounting for 41.5% of adjusted net revenues, up from 38.7% a year earlier. Total net revenues rose 7.3% to $40.65 billion, while shipment volumes increased 1.4%, widening the gap between revenue and volume growth. Cigarette shipments declined as smoke-free volumes rose 12.8%, driven by heated tobacco, oral nicotine and e-vapor products. Results were released alongside a 9:00 a.m. EST webcast.
Feb.06
Product | Refillable up to 30 mL in total and claimed 60,000 puffs: MASKKING launches open-system UCEE MAX
Product | Refillable up to 30 mL in total and claimed 60,000 puffs: MASKKING launches open-system UCEE MAX
E-cigarette brand MASKKING has recently listed its new UCEE MAX on its official website. According to the website, the device features an open, refillable design with a stated 10 mL e-liquid capacity, supports three refills, and claims a total of 60,000 puffs.
Mar.02 by 2FIRSTS.ai
Comedian Shuib fined  US$2,460 after pleading guilty to promoting an e-cigarette on a podcast
Comedian Shuib fined US$2,460 after pleading guilty to promoting an e-cigarette on a podcast
Bernama reported that comedian Shahmira Muhamad, better known as Shuib Sepahtu, was fined RM10,000 (about US$2,460.93) after pleading guilty to promoting an electronic cigarette product on a YouTube podcast in 2024. The magistrate ordered one month’s jail in default of payment, and he paid the fine. He was charged over a promotion at 4.26pm on Oct 22, 2024, under Section 9(1) of the Control of Smoking Products for Public Health Act 2024 (Act 852).
Jan.08 by 2FIRSTS.ai
Singapore HSA bust links two vape warehouses; Malaysian man jailed 41 weeks
Singapore HSA bust links two vape warehouses; Malaysian man jailed 41 weeks
HSA officers in Singapore staked out a Bishan warehouse after a tip-off and found a Malaysian man in a site containing thousands of vaporisers and components. Checks on his phone led to a second warehouse in Ubi with large quantities of devices and parts.
Jan.07 by 2FIRSTS.ai
Exclusive | EU Confirms End of Tobacco Policy Expert Group, Explores New Cooperation Structures as TPD Revision Continues
Exclusive | EU Confirms End of Tobacco Policy Expert Group, Explores New Cooperation Structures as TPD Revision Continues
2Firsts reporting shows that, as the European Union moves toward a future evaluation of its tobacco legislation, the Tobacco Policy Expert Group—long a key platform for coordination among Member States—formally concluded its mandate at the end of 2025. At the same time, the European Commission is exploring new cooperation structures to address the resulting institutional gap.
Jan.22