The Food and Drug Administration (FDA) just announced it will pursue a ban on the sale of menthol cigarettes. Menthol cigarettes, which currently make up around a third of the cigarette market, are disproportionately used by Black Americans. While proponents of the ban claim that a menthol prohibition is a matter of racial justice, the reality is that such a ban will most likely contribute to overcriminalization in Black communities already struggling to determine the role that policing should play in their neighborhoods.