FDA Proposal Sparks Concerns Over Black Market Rise

Clear Facts

• The FDA is advancing a rule that would effectively ban current cigarettes by reducing nicotine levels, potentially boosting black market activities.
• Rich Marianos, a former ATF official, warns that this move could benefit organized crime cartels and increase street violence.
• The proposed rule is part of a broader effort to make cigarettes less addictive, but critics argue it may lead to increased smoking through illicit channels.

In a controversial move, the Biden administration is pushing forward with a regulatory proposal that could significantly alter the cigarette market in the United States. The Food and Drug Administration (FDA) is working on a rule that would effectively ban current cigarettes by mandating lower nicotine levels. This decision, however, has sparked concerns that it might inadvertently boost the black market for tobacco products.

Rich Marianos, a former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, has voiced strong opposition to the proposal.

“Biden’s ban is a gift with a bow and balloons to organized crime cartels with it, whether it’s cartels, Chinese organized crime, or Russian mafia. It’s going to keep America smoking, and it’s going to make the streets more violent,” Marianos stated.

The FDA has confirmed that the Tobacco Product Standard for Nicotine Level of Certain Tobacco Products has completed regulatory review as of January 3. However, the rule has not yet been finalized.

“As the FDA has previously said, a proposed product standard to establish a maximum nicotine level to reduce the addictiveness of cigarettes and certain other combusted tobacco products, when finalized, is estimated to be among the most impactful population-level actions in the history of U.S. tobacco product regulation,” an FDA spokesperson explained.

Critics argue that the move could lead to unintended consequences. Marianos warns that reducing nicotine levels without proper preparation could open the door to increased tobacco trafficking.

“This decision is being thrown down the public’s throat without one ounce of thought and preparation,” he said.

He further explained that organized crime groups, including Mexican cartels and Chinese and Russian criminal organizations, are well-positioned to exploit the situation and flood the market with illicit tobacco products.

The proposal is part of a broader effort to reduce smoking rates by making cigarettes less addictive. FDA Commissioner Robert Califf has previously stated, “Lowering nicotine levels to minimally addictive or non-addictive levels would decrease the likelihood that future generations of young people become addicted to cigarettes and help more currently addicted smokers to quit.”

However, Marianos argues that the proposal could backfire, leading to more smoking rather than less.

“You’re going to create more smoking. And I thought that’s what we’re trying to get away from, right? Smoking is bad,” he remarked.

The Biden administration’s previous attempt to ban menthol cigarettes faced significant backlash, leading to a delay in implementing the regulation. Critics claimed that such a ban would disproportionately affect minority communities and spur illegal sales.

As the debate continues, the potential ramifications of the FDA’s proposal remain a contentious issue, with concerns over public safety and national security at the forefront.

Let us know what you think, please share your thoughts in the comments below.

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