Cornell economists warn that banning menthol cigarettes may drive a strong illegal market, undermining the FDA’s goal of reducing smoking. Their study, published in Health Economics, suggests that if menthol e-cigarettes remain restricted, illegal demand could reach 60-100% of current levels.
The research highlights concerns about law enforcement interactions, particularly for Black smokers, who use menthols at higher rates. It also challenges the FDA’s assumption that most users would quit or switch to legal alternatives. The size of an illegal market would depend on supply chain factors, but history suggests ample availability.
Experts argue that while a ban may increase quit rates, its unintended consequences—such as illicit sales and enforcement risks—should not be ignored.