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.”

UK Government Announces Tougher Vape Controls with QR-Based Stamp System
UK Government Announces Tougher Vape Controls with QR-Based Stamp System
The UK government will introduce a digital stamp system for all vape products, paired with new enforcement powers including £10,000 fines and possible imprisonment for illegal sales. The measures aim to curb the booming black market and complement restrictions under the Tobacco and Vapes Bill, including future regulation of flavours, packaging, and advertising.
Nov.24 by 2FIRSTS.ai
Washington Policy Media Flags Surge: China’s Monthly Vape Exports Jump from 2.2M Kg to 14.8M Kg; Crackdown Effectiveness Questioned
Washington Policy Media Flags Surge: China’s Monthly Vape Exports Jump from 2.2M Kg to 14.8M Kg; Crackdown Effectiveness Questioned
The Washington Examiner on December 9, 2025, reported: China's vape export volume to the U.S. rebounded sharply from 2.2 million kilograms to 14.8 million kilograms despite the crackdown. This volatility, confirming the annual multi-billion dollar trade gap, is the "Bullwhip Effect" in action. It transfers massive inventory to the U.S. market, putting the working capital of Chinese manufacturers and the supply chain at severe risk of lock-up and failure. Regulatory escalation is now imminent.
News
Dec.11
Czech Republic to Tighten E-Cigarette Rules in December, Ban Candy Flavours and Cannabinoids
Czech Republic to Tighten E-Cigarette Rules in December, Ban Candy Flavours and Cannabinoids
Czech Republic will tighten regulations on the sale and labelling of e-cigarettes from December. Manufacturers will have seven months to sell existing stock, after which candy-flavoured or cannabinoid-containing e-cigarettes will be banned. A survey by the National Institute of Public Health (SZÚ) found that nearly 14% of the population used e-cigarettes in 2024 — almost triple the rate five years earlier.
Nov.18 by 2FIRSTS.ai
Breaking News | China’s Premier Li Qiang Issues Rare Directive to Crack Down on Illicit Tobacco Activities
Breaking News | China’s Premier Li Qiang Issues Rare Directive to Crack Down on Illicit Tobacco Activities
Based on combined reporting from Xinhua and Xinwen Lianbo, 2Firsts reports that Chinese Premier Li Qiang has issued a rare directive at a State Council executive meeting to launch comprehensive, full-chain enforcement against illicit tobacco activities.
News
Dec.05
Thailand’s health minister rejects vaping as a smoking cessation alternative
Thailand’s health minister rejects vaping as a smoking cessation alternative
Thailand’s Public Health Minister Phatthana Phromphat has reaffirmed that the government does not support cigarettes or e-cigarettes in any form and opposes the use of e-cigarettes as a substitute for smoking cessation.
Dec.17 by 2FIRSTS.ai
AIRSCREAM Unlocks Pan-European Nicotine Pouch Market for B2B Partners with Full-Service EU OEM Solutions
AIRSCREAM Unlocks Pan-European Nicotine Pouch Market for B2B Partners with Full-Service EU OEM Solutions
Showcased at PouchEx Stockholm, AIRSCREAM’s end-to-end OEM ecosystem demonstrates how brands can enter the fast-growing European nicotine pouch market with greater speed, confidence, and regulatory readiness.
Dec.04