Former ATF official Rich Marianos warns of potential consequences as the FDA moves forward with a controversial tobacco regulation.
According to Fox News, the Food and Drug Administration is advancing a regulatory rule in the Biden administration's final days that would effectively ban current cigarettes in favor of products with reduced nicotine levels, sparking concerns about potential organized crime exploitation.
The FDA confirmed on Monday that the Tobacco Product Standard for Nicotine Level of Certain Tobacco Products completed its regulatory review on January 3. While the proposed rule hasn't been finalized, it represents a significant shift in U.S. tobacco regulation policy. The initiative aims to establish maximum nicotine levels in cigarettes and certain combusted tobacco products to reduce their addictiveness.
Rich Marianos, former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and current chair of the Tobacco Law Enforcement Network, expressed serious concerns about the proposal's implementation.
He states:
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.
The proposal builds upon previous tobacco control efforts, including the Family Smoking Prevention and Tobacco Control Act signed by President Barack Obama in 2009. This legislation granted the FDA authority to regulate tobacco products, leading to various initiatives aimed at reducing nicotine levels in subsequent years.
The Trump administration had previously explored similar measures in July 2017, when then-FDA commissioner Scott Gottlieb announced plans to require tobacco companies to reduce nicotine levels in cigarettes to help adult smokers quit.
Marianos highlighted the lack of consultation with key stakeholders, including law enforcement officials, medical professionals, and regulators, regarding potential unintended consequences. He emphasized that Mexican cartels, Chinese criminal organizations, and Russian organized crime groups are well-positioned to exploit the situation through illegal tobacco trafficking.
Several lawmakers from both political parties have already raised concerns about tobacco trafficking's national security implications. In a 2023 letter to Secretary of State Antony Blinken, a bipartisan group of senators, including Bill Cassidy, Mark Warner, Marco Rubio, Bill Hagerty, and then-Senator Bob Casey, emphasized the connection between tobacco trafficking and other criminal activities.
The FDA Commissioner Robert Califf has defended the proposal, stating:
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.
This latest proposal follows the Biden administration's previous attempt to ban menthol cigarettes, which was delayed after public opposition. Critics argued that the menthol ban would unfairly target minority communities and potentially fuel illicit sales.
The White House has not responded to concerns about the proposal's potential effects. However, industry experts suggest that reducing nicotine levels could lead to increased smoking as people attempt to satisfy their nicotine cravings, potentially affecting workplace productivity. Law enforcement officials worry about the rise in unregulated cigarettes from foreign sources entering the U.S. market through illicit channels, similar to current issues with "loosie" cigarettes in New York.
The FDA's proposed tobacco product standard represents a significant shift in U.S. tobacco regulation policy, aiming to reduce cigarette addiction by limiting nicotine content. However, law enforcement experts, including former ATF official Rich Marianos, warn that the initiative could inadvertently strengthen organized crime groups by creating opportunities for illegal tobacco trafficking. The proposal's implementation remains pending as stakeholders continue to debate its potential impact on public health and national security.
