APMA Opposes the FDA’s Rushed Rule Proposal Banning Menthol Cigarettes and Flavored Cigars
As with past prohibitions, a menthol ban will hurt small businesses and fill a dangerous illicit market in
their place.
Phoenix, Arizona (April 28, 2022) – The Arizona Petroleum Marketers Association, which represents job
creators across Arizona including gas stations and convenience stores, strongly opposes the FDA’s
misguided proposed rule that would enact a nationwide ban on all menthol cigarettes and flavored
cigars. The measure would devastate small business retailers and fill their places in our communities
with a violent illicit market while achieving insignificant gains for public health. The group said:
The FDA announced this proposal with the intention of promoting public health within minority
communities, some of which overwhelmingly prefer menthol cigarettes. However, the FDA has failed to
weigh and adequately prepare for the full scope of unintended consequences that such a ban is likely to
prompt. We hold serious concerns that a menthol ban will fail to lead to positive health outcomes for any
community, while subsequently harming local businesses and fueling the growth of illicit markets within
our neighborhoods. Small retailers and convenience stores earn a significant portion of their income from
tobacco sales. By prohibiting menthol cigarettes and flavored cigars, this measure will place an unfair
burden on these essential businesses and those employed by the industry.
In Arizona, 37% of all tobacco sales are illicit. That is nearly double the national average and the fourth
highest rate in the United States. Illicit tobacco sales already cost taxpayers roughly $174 Million
annually. Because the majority of users will still seek menthols, a ban would actively fuel an already
widespread illegal tobacco market to fill the place of these law-abiding businesses. Organized criminals
and gangs will use this opportunity to expand their nationwide networks, bringing crime into our
neighborhoods in the process.
If the FDA is serious about supporting public health, they should understand the dangerous effects of
prohibition, and focus on proven methods of cessation for smokers that wish to quit.
- Prohibition of an established product with a substantial user base will not work.
- A ban will harm retailers and lead to the growth of illicit markets.
- Black market sellers don’t care about contaminated products, don’t pay taxes and don’t check IDs.
- Menthol is a legal product and a matter of adult choice.
