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.”

BAT France Confirms Full Compliance as France Implements Nicotine Pouch Ban on April 1from April 2026
BAT France Confirms Full Compliance as France Implements Nicotine Pouch Ban on April 1from April 2026
BAT France said that, under the decree of September 5, 2025 that entered into force on April 1, 2026, it has stopped commercialising its nicotine pouch products in France from that date.
Apr.03 by 2FIRSTS.ai
RLX Technology 2025 Revenue Rises 44.0% YoY to Nearly USD 566.1 million, International Business Accounts for 76.5% in Q4
RLX Technology 2025 Revenue Rises 44.0% YoY to Nearly USD 566.1 million, International Business Accounts for 76.5% in Q4
RLX Technology Inc. announced its unaudited financial results for the fourth quarter and full year of 2025. Q4 net revenue reached RMB 1.1413 billion, a 40.3% year-over-year increase, while full-year net revenue grew 44.0% to RMB 3.9589 billion.
Mar.13 by 2FIRSTS.ai
U.S. Company Seeks Cancellation of “Lost Mary” Vape Trademark
U.S. Company Seeks Cancellation of “Lost Mary” Vape Trademark
North Carolina hemp provider JLT Imports Inc. has filed suit in California federal court seeking cancellation of the “Lost Mary” vape trademark held by Chinese company Imiracle (HK) Ltd.
Mar.30 by 2FIRSTS.ai
EU Novel Tobacco Regulation Trends and Business Response | Guest Contribution by a European Legal and Compliance Expert
EU Novel Tobacco Regulation Trends and Business Response | Guest Contribution by a European Legal and Compliance Expert
Carlos Cabrera, founder of CabLab Law & Advocacy, contributes this article to 2Firsts, arguing that the EU’s evolving approach to novel tobacco regulation may unintentionally reinforce cigarette use by narrowing alternatives. He warns companies to watch signals on flavours, labelling, traceability, nicotine pouch rules and digital marketing, while grounding business decisions in realistic timelines, compliance planning and continuous monitoring.
Apr.22
Acting CTP Director Says FDA Cut Premarket Tobacco Application Backlog by About 70% Over the Past Year
Acting CTP Director Says FDA Cut Premarket Tobacco Application Backlog by About 70% Over the Past Year
FDA Center for Tobacco Products Acting Director Bret Koplow said at the American Tobacco and Nicotine Forum that the agency has reduced its premarket tobacco application backlog by about 70% over the past year and eliminated the acceptance queue. He said FDA has reviewed about 27 million applications, but only a small number have been authorized, mainly because most submissions lacked the scientific data needed to demonstrate public health benefits.
Apr.23 by 2FIRSTS.ai
China’s tobacco regulator names Yao Laiying as top leader
China’s tobacco regulator names Yao Laiying as top leader
China’s tobacco regulator has undergone a top leadership change, according to an official announcement on March 20.
Mar.20