The federal government is on the verge of repeating past mistakes by prohibiting a legal product that represents one-third of the tobacco market: menthol cigarettes.
Instead of taking a science-based approach to tobacco policy that leads to a robust alternative market of harm-reducing products for smokers to transition to, the FDA has unfortunately learned the wrong lessons from the 1920s, and that’s nothing at all.
Despite the FDA’s failure to properly regulate e-cigarettes, the agency is expected to roll out nationwide bans on menthol cigarettes and flavored cigars soon. The latest update indicates that the proposed ban has been submitted for review to the Office of Management and Budget, marking one of the last steps before the final rules are unveiled.
Criminal organizations, notably the Mexican cartels, saw a golden opportunity to profit from this prohibition. With our open border and their established smuggling routes and networks, the cartels stood ready to promptly seize the opportunity to capitalize on the burgeoning and highly profitable menthol black market. With a federal ban on the horizon, this effort is a ticking time bomb, ready to explode once the FDA’s menthol ban takes effect.
For a community already leery of the role of enforcement policies, this is a recipe for disaster and almost guarantees an increased risk of intervention, making this group of Americans more susceptible to being targeted and victimized. This is about freedom and preventing a possibly well-intentioned policy from inadvertently causing even more harm.
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