Nicotine - Banning Flavors - Opposition

Flavored nicotine products are currently a hot issue. This page will supply feedback from those who oppose banning flavors and why.

Civil Rights and Civil Liberty Advocates Discuss the Issue

2020, Feb 27 - COALITION LETTER OF CRIMINAL JUSTICE CONCERNS WITH H.R. 2339, REVERSING THE YOUTH TOBACCO EPIDEMIC ACT

• While this legislation is a well-intended effort to address health issues associated with tobacco use among youth, we have concerns that a blanket prohibition on menthol and other flavored tobacco products, which will apply to adults, will (1) disproportionately impact people and communities of color; (2) trigger criminal penalties, prioritizing criminalization over public health and harm reduction; and (3) instigate unconstitutional policing and other negative interactions with local law enforcement.
• Signed by:
  • American Civil Liberties Union
  • Center for Popular Democracy
  • Drug Policy Alliance
  • Friends Committee on National Legislation
  • Law Enforcement Action Partnership
  • National Action Network
  • National Association of Criminal Defense Lawyers

Harm Reduction Advocates Discuss the Issue

2020, Jul 28 - VAPING UP, SMOKING INCREASING AMONG TEENS IN SAN FRANCISCO - DESPITE BANS

• Written by: Lindsey Stroud, Tobacco Harm Reduction 101
• In April 2018, the ban on flavored e-cigarettes and vapor products went into effect in San Francisco and in January, 2020, the city had implemented a full ban on any electronic vapor product. Unfortunately, these endeavors have failed to lower youth tobacco and vapor product use.
• Although addressing youth tobacco and vapor product use is laudable, existing evidence continues to show that flavor bans don’t work and in fact, threaten harm reduction options for millions of American adults that have used e-cigarettes to quit smoking.

Journalists / Writers / Media Discuss the Issue

2021, Mar 23 - Vermont’s Dilemmas in Bid to Ban Both Flavored Vapes and Menthol Cigarettes

• The implications are two-fold: First, a ban on menthol cigarettes, as we’ve seen with prohibitions of flavored vapes in Massachusetts and New York, would probably force consumers to an illicit market where they use these products without regulatory protections; and second, such laws would be enforced, potentially increasing the number of interactions between police and people of color.

Law Enforcement Representatives Discuss the Issue

???? - Black Law Enforcement Group Questions FDA Menthol Ban

• “NOBLE has serious concerns about the unintended consequences of a ban, which we believe would precipitate a robust and troubling illicit market. The possibility of a ‘black market’ economy in menthol cigarettes demands study,” said Jessie Lee, NOBLE executive director, in a press statement. “We urge the Advisory Committee to properly study the potential ramifications of banning menthol.
• Le continued, “NOBLE is also concerned that enforcement activities could lead to inequities in law enforcement in African American communities.”

2020, Jul 9 - Orange County Coalition of Police & Sheriff’s (OC Cops)

• "While I’m sure your goals are well intended, the100% ban on menthol cigarettes and flavored tobacco (exception for hookah) products to adults makes impracticable sense and it will multiply an already large illegal market in California, reward criminal smugglers, and cost California businesses, workers, and taxpayers billions of dollars. Banning flavored products will further criminal smuggling and tax evasion problems."

2019, Dec 18 - Banning flavored tobacco will create problems for law enforcement, ex-State Police leader says

• I believe that New Jersey’s flavor ban legislation is a well-intended health policy that unfortunately is at odds with public safety. It opens a back door to the creation of interstate smuggling organizations and spurs the growth of illegitimate local markets profiting from the sale of outlawed tobacco products. For law enforcement, concerns are very real. And they’re not just blowing smoke.

Public Policy and Think Tank Representatives Discuss the Issue

2021, Feb 9 - Maryland Should Reject Unfair and Ineffective Flavored Tobacco Ban

• Guy Bentley - Reason Foundation
• When politicians consider adopting a new law, they rarely have the opportunity to examine a controlled experiment showing the results from nearly the exact policy they are proposing being put to the test. Maryland has such a chance. All it needs to do is look at Massachusetts.
• There are criminal justice reform reasons, public health justifications, and financial facts that show why Maryland should reject an unfair and ineffective flavored tobacco ban.