The Ban on Menthol Cigarettes and its Consequences

Jun.28.2022
The Ban on Menthol Cigarettes and its Consequences
A proposed ban on menthol cigarettes by the FDA in the US may lead to an increase in the illegal market.

According to law enforcement officials, the proposed ban on menthol cigarettes by the United States Food and Drug Administration (FDA) could have unforeseen consequences.

 

In addition to other issues, this ban may contribute to the growth of the illicit cigarette market.

 

In 2020, 37% of the $20.3 billion worth of cigarettes sold in the United States were mint-flavored. Colonel Neil Franklin, a former executive director of the Law Enforcement Action Partnership, stated in a release titled "Mint Shouldn't Be a Crime" that transitioning from a regulated market to an illegal one could lead to an illegal market worth approximately $30 billion.

 

Charles Giblin, head of public safety and security, stated that "despite good intentions... the ban would have unintended consequences as cross-border smuggling would fill the void.

 

Others highlighted the racist impact of the ban, as over 80% of African Americans prefer mint-flavored cigarettes when smoking.

 

The ban is ineffective. In the war on drugs, the number of black and brown inmates far exceeds that of the entire period of slavery.

 

John Dixon III, former police chief of Petersburg, Virginia and former chairman of the National Association of Black Law Enforcement Officers, stated that approximately 90% of those stopped and frisked are black.

 

We are not advocating for people to smoke, but we do not want to see situations like Eric Garner's occur again. Garner was killed when approached by New York police officers for allegedly selling a single cigarette," said Charles Billups, founding member of the National Coalition of Justice Practitioners, retired law enforcement officer, and chairman of the New York State Guardianship Committee.

 

Franklin further stated, "An illegal market poses an even greater problem for black communities. Law enforcement will have no choice but to actively enforce smuggling and smoking bans... To identify smugglers, police will engage in 'creative interaction' with citizens who have committed minor offenses such as jaywalking, loitering, trespassing, and violating traffic rules - using these offenses as leverage to gather information on their tobacco sources. This strategy is similar to the one we use to search for firearms and drugs.

 

Members of the public may submit written feedback via the FDA website until August 2nd.

 

Source: Tobacco Reporter

 


Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Product | KT&G Brings LOOP Nicotine Pouches to South Africa, Supporting ASF’s Expansion Across Africa
Product | KT&G Brings LOOP Nicotine Pouches to South Africa, Supporting ASF’s Expansion Across Africa
KT&G has introduced nicotine pouch brand LOOP in South Africa, expanding its modern oral nicotine portfolio. Developed by Swedish company Another Snus Factory (ASF), LOOP is a tobacco-free nicotine pouch brand. KT&G and U.S. tobacco company Altria previously participated in ASF’s strategic development, and the South Africa launch represents a further step in LOOP’s international expansion.
Aug.06
JT Plans ¥800 Billion Investment in Heated Tobacco Over Three Years, Betting on Ploom as Second Growth Engine
JT Plans ¥800 Billion Investment in Heated Tobacco Over Three Years, Betting on Ploom as Second Growth Engine
Japan Tobacco Inc. (JT) CEO Takehiko Tsutsui said the company plans to invest about ¥800 billion (approximately US$5.4 billion) in heated tobacco products over three years through 2028, aiming to establish Ploom as a second growth engine after combustible cigarettes. Tsutsui said Ploom AURA helped JT increase its share of Japan’s heated tobacco market to 15.8% in the first quarter of 2026. Ploom products are now available in 29 markets, with Ploom AURA sold in 25 markets including Japan. JT also plans to continue its cigarette business while positioning its food operations, particularly frozen noodle products in North America, as another growth opportunity.
Jul.23
Indonesia’s BNN Pushes Total Vape Ban as Health Ministry Tightens Tobacco Packaging Rules, Putting $40 Billion Industry at Risk
Indonesia’s BNN Pushes Total Vape Ban as Health Ministry Tightens Tobacco Packaging Rules, Putting $40 Billion Industry at Risk
Indonesia is entering a new phase of debate over vape and tobacco regulation. The National Narcotics Agency (BNN) has proposed a total vape ban, with some lawmakers supporting stronger restrictions. At the same time, the Health Ministry is advancing tobacco and nicotine regulations under Government Regulation No. 28/2024, including measures such as plain packaging and product controls. Tobacco and vape industries have warned that tighter rules could affect a sector worth around $40 billion, supporting about 6 million jobs and contributing significant tax revenue.
Jul.27
Product | SnowPlus Launches Nicotine-Free DASH in South Korea, Localising an Established Disposable Platform
Product | SnowPlus Launches Nicotine-Free DASH in South Korea, Localising an Established Disposable Platform
SnowPlus has introduced a nicotine-free version of DASH in South Korea, adapting an existing overseas disposable platform for the local market. The Korean version retains the series’ flat duckbill-style mouthpiece, ceramic heating architecture and disposable form factor while reducing nicotine content to 0%. By comparison, the overseas DASH 4000 platform typically features 7.5ml of prefilled e-liquid, up to 4,000 puffs and a 530mAh rechargeable battery, with nicotine-containing variants available in some markets. The product update centers on formulation localisation rather than a new hardware generation.
Aug.31
Philippine Local Governments Urge Marcos to Prioritize Smoke- and Vape-Free Bill
Philippine Local Governments Urge Marcos to Prioritize Smoke- and Vape-Free Bill
The League of Municipalities of the Philippines (LMP) has urged President Ferdinand Marcos Jr. to prioritize the Smoke- and Vape-Free Bill, seeking a nationwide legal framework for tobacco and vape regulation. Local government leaders said national legislation would help standardize enforcement and strengthen public health measures. The proposal remains at the advocacy stage and has not yet become law.
Jul.29
As FDA Reshapes PMTA Reviews and ENDS Enforcement Priorities, CTP Acting Director Bret Koplow to Keynote NATO Event for a Retail Network of 66,000-Plus Stores
As FDA Reshapes PMTA Reviews and ENDS Enforcement Priorities, CTP Acting Director Bret Koplow to Keynote NATO Event for a Retail Network of 66,000-Plus Stores
Bret Koplow, acting director of the U.S. Food and Drug Administration's Center for Tobacco Products, will deliver a keynote and participate in a fireside chat at the National Association of Tobacco Outlets' Sept. 29-30 conference in Washington. His appearance comes months after the FDA moved to accelerate PMTA reviews and introduced a more differentiated enforcement policy for certain unauthorized ENDS and oral nicotine pouch products. The agency also plans a public list identifying manufacturers and products it does not currently intend to prioritize for enforcement under the May guidance. NATO says its membership includes more than 66,000 retail stores, making product-status transparency and enforcement boundaries directly relevant to the retail sector.
Aug.14