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Biden’s 11th Hour Proposal Could Spark Explosive Consequences for U.S. Safety, Expert Warns

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Biden’s Proposed Nicotine Ban Could Fuel Cartel Activity, Experts Warn

The Biden administration’s proposed rule to drastically reduce nicotine levels in cigarettes could have unintended consequences, with experts warning that it could open the door for an increase in illegal tobacco trafficking, benefiting “organized crime cartels.” The rule, which is still under review by the Food and Drug Administration (FDA), aims to make cigarettes less addictive, but critics argue that it could inadvertently boost black market sales and make streets more dangerous.

Rich Marianos, former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, told Fox News that this move is a “gift with a bow and balloons to organized crime cartels.” 

 He believes that if the rule is implemented, criminal groups—such as Mexican cartels, Chinese criminal organizations and Russian mafias—would seize the opportunity to flood the U.S. market with illicit tobacco products, exacerbating already dire public safety concerns.

The FDA confirmed that the proposed rule, called “Tobacco Product Standard for Nicotine Level of Certain Tobacco Products,” completed regulatory review on Jan. 3. However, it has not yet been finalized. The agency has suggested that this rule could be one of the most impactful public health actions in the history of U.S. tobacco regulation. The goal is to lower nicotine levels to reduce addiction and help current smokers quit.

“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,” FDA Commissioner Robert Califf said in 2022.

However, Marianos and other critics argue that reducing nicotine levels could backfire, leading to an increase in illegal tobacco products flowing into the U.S. He warned that cartels, particularly those operating in Mexico, are already skilled at smuggling illicit goods, including fentanyl. He said that the new policy would give criminal organizations a major economic boost by opening up new markets for unregulated cigarettes.

Marianos speculates that this scenario could be similar to the sale of “loosie” cigarettes, sold individually on the streets of New York. If the nicotine reduction plan proceeds, Americans seeking cigarettes with higher nicotine levels could be forced to go through illegal channels, putting them at greater risk of engaging with criminal networks.

Both Republican and Democrat lawmakers have raised concerns about the links between tobacco trafficking and other criminal activities, such as money laundering, drug trafficking, and even terrorism. In a 2023 letter to Secretary of State Antony Blinken, several senators highlighted the national security threat posed by tobacco smuggling operations, particularly those led by Mexican drug cartels. 

“Mexican TCOs (transnational criminal organizations) pose a grave threat to American national security and public health,” they wrote.

The proposed rule also poses challenges to the stated goal of reducing smoking rates. Marianos contends that it could have the opposite effect, leading to more smoking. 

“If you take down the nicotine levels, people are going to smoke more,” he told the outlet, adding that this could also result in lower workplace productivity as smokers take more breaks to get their nicotine fix.

This proposed nicotine regulation comes after the Biden administration previously attempted to ban menthol cigarettes, a move that was delayed in the face of public outcry. Critics argued that such a ban would unfairly target minority communities and result in more illicit menthol sales.

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