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
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