Republican legislators urge examination of potential tobacco product exploitation

A group of lawmakers are urging the Food and Drug Administration (FDA) to examine how criminal groups could exploit the tobacco products black market.

U.S. Sens. Marco Rubio (R-FL), Bill Cassidy (R-LA), Bill Hagerty (R-TN), and Ted Budd (R-NC) have forwarded correspondence to the FDA, ahead of finalization of a proposed FDA rule to prohibit menthol cigarettes and flavored cigars, as well as install a maximum nicotine level in tobacco products, in an attempt to reduce disease and youth addiction from tobacco product use.

The lawmakers maintain Mexican Transnational Criminal Organizations (TCOs) have been known to diversify their activities in response to changing domestic regulations and consumer behavior. The FDA’s proposed rule could unintentionally trigger expansion of TCO smuggling operations and expose Americans to unregulated and unsafe tobacco products.

“As it has become easier to sell marijuana products in the U.S., Mexican TCOs have prioritized trafficking fentanyl and other synthetic drugs that are cheaper to manufacture, easier to transport, and generate more profit,” the legislators wrote. “But Mexican TCOs are also using other activities, both legal and illegal, to fund their lethal operations. These organizations have engaged in extensive human trafficking with an estimated 70 percent of trafficking victims in the United States coming from Mexico.”

Within the letter the lawmakers also expressed concerns potential FDA actions to prohibit the sale of popular tobacco products may expand black market opportunities for TCOs, from Mexico or otherwise, to sell illegal tobacco products in the United States.

“Law enforcement officials have raised concerns that FDA’s actions could inadvertently expand black-market tobacco sales,” the legislators concluded. “Before finalizing any tobacco prohibitions and limitations, FDA should consult with agencies that fight Mexican TCOs on a daily basis.”