Category: Flavors

Dropping Names

Photo: oxygen_8
After rooting out ENDS flavors, regulators may turn their attention to flavor names.
By Neil McKeganey
In the world of illegal drugs, there are few substances that have become popular as quickly as 3,4-Methylenedioxymethamphetamine. If you are wondering what that awkwardly named substance is, you will almost certainly recognize it by its street name, Ecstasy. In advance of its marketing, the drug developers thought about calling it Empathy but decided on Ecstasy instead—who, after all, could turn down the opportunity of experiencing “ecstasy”? And so it proved with a drug that sold in the millions in countries around the globe. That anecdote tells you something that every marketing person worth his or her salt knows all too well: Names matter. Indeed, when it comes to driving consumers to your product, names may matter more than the substance itself.
In recent years, the vaping world has seen the heavy hand of regulatory intervention focused on limiting the range of flavors that can be legally sold. Senior health officials, sections of the media, lobbyists, parent groups and others have forcefully argued for banning “kid-appealing flavors.” Restrictions on flavors, though, have gone well beyond the flavors that are seen to be appealing to vulnerable groups.
Out of some 1.6 million products for which premarket tobacco product marketing authorizations have been sought in the U.S., not a single flavor has been approved. Recent pronouncements from Brian King, head of the Food and Drug Administration’s Center for Tobacco Products, suggest that menthol is now in the regulatory agency’s crosshairs. In the face of such expanding regulatory action, it is by no means a stretch of the imagination to ponder a world in which only a single electronic nicotine-delivery system (ENDS) flavor—tobacco—remains, bringing vaping products that much closer to combustibles and in the process almost certainly weakening their capacity to offer a route out of smoking.
In a mono-flavored ENDS world, flavor names may become the new fertile terrain—promising consumers a realm of limitless variations in taste that, like the world of expensive Hi-Fi, where differences in quality are barely discernible, nevertheless draw in consumers seeking particular sensorial and taste experience.
With the removal of flavors from the market, next in line may be flavor names, with regulators galvanized by the belief that it is the names more than the flavors that are driving consumers to these products. In that event, it will become increasingly important for manufacturers to be able to present regulators with evidence that their specific-named tobacco-flavored products are not attracting young people and that those named flavors are assisting adults in quitting smoking.
If anyone is inclined to think that this is an unlikely scenario, it is worth remembering that regulatory authorities within the U.S. already involve themselves in determining what words can and cannot be used when referring to tobacco products. Some states already ban the use of food terms when referring to tobacco products, and the Family Smoking Prevention and Tobacco Control Act bans words like mild, light and ultra-light when referring to tobacco products. In the face of such regulatory restrictions, companies replaced the names mild, light and ultra-light with terms such as gold, silver and blue. Research undertaken by Gregory Connolly and Hillel Alpert and published in Tobacco Control in 2014 showed that even in the face of such name-switching, smokers were still able to identify their preferred product.
Within the world of ENDS, some e-liquid manufacturers have already chosen to move away from taste-based flavor names. Bidi Vapor, for example, uses product names such as Winter, Summer, Dawn and Marigold in describing its product range. Years before Bidi opted to anonymize the taste experience in its product names, e-liquid manufacturer Five Pawns opted to use words derived from chess, like Gambit and Grandmaster, to name its products. These are names that convey nothing about the taste or sensorial experience.
In time, there may be a push from the anti-e-cigarette lobby to reduce the variety of tobacco flavor names even further, requiring manufacturers to differentiate their products by numbers alone. Seems unlikely? Probably not for those who remember Players No. 6, No. 10 and No. 555. Flavor names may be the next item on the regulatory hit list.
Neil McKeganey is the director of the Center for Substance Use Research in Glasgow, Scotland.

November 7, 2022
EU HTP Flavor Ban to Take Effect Nov. 23

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The European Union on Nov. 3 published the directive officially banning flavors in heated-tobacco products throughout the union, reports TobaccoIntelligence.
The publication follows the end of the scrutiny period on Oct. 29, during which neither the European Council nor the European Parliament raised objections to the ban.
The ban, which covers all flavors except tobacco, officially takes effect Nov. 23. EU member states than have until July 23, 2023, to transpose the rule into national legislation.
In the runup to the ban, critics suggested the European Commission was overstepping its delegated powers by introducing a new legal category—of heated-tobacco products.
Some member states raised concerns over whether the commission was empowered to introduce a definition of a new category of tobacco products in a Delegated Act.
More recently, Bulgaria, Cyprus, Greece and Italy issued a joint statement, saying the introduction of a definition of heated-tobacco products “goes beyond the delegated power under Directive 2014/40/EU and involves essential elements reserved for the European legislators and, as such, should be submitted to the ordinary legislative review process.”
November 6, 2022
Flavors Detected in ‘Tobacco’ Liquids

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E-liquids marketed as tobacco-flavored contain higher levels of sweet and fruit-flavored chemicals today than they did a decade ago, according to a new study published on Nov. 3 in a special supplement to Tobacco Control.
This recent development coincides with the U.S. Food and Drug Administration’s ban on the sale of flavors other than menthol and tobacco in cartridge-based e-cigarettes.
To find out if e-cigarettes marketed as “tobacco-flavored” contained sweet and fruit flavor chemicals, researchers drew on an extensive database of e-liquid and aerosol flavor chemicals to identify any trends and changes in chemical composition and levels since 2010–2011.
They compared the number and amount of flavor chemicals in 63 “tobacco-flavored” e-cigarette refill fluids purchased between 2011 and 2019 and two popular pod-style e-cigarette brands—Juul and Puff.
They found that tobacco-flavored products purchased in 2010 and 2011 had very few flavor chemicals; overall, the levels of which were generally very low.
Nearly two-thirds (63 percent) of the refill fluids bought before 2019 had levels of flavor chemicals below 2 mg/mL, and most (84 percent) were below 5 mg/mL.
But the total number and level of flavor chemicals in “tobacco-flavored” refill fluids purchased in 2019 and in Puff Bar tobacco e-cigarettes were higher than expected.
Among the 13 refill products bought in 2019, more than half (54 percent) had total flavor chemical levels above 10 mg/mL. Products with total flavor chemicals of more than 10 mg/mL contained one to five dominant flavor chemicals (each more than 1 mg/mL).
The five most frequently used flavor chemicals in “tobacco-flavored” e-liquids were fruity and caramellic: ethyl maltol (sweet or caramel, 60 percent); corylone (caramellic, maple, 44 percent); menthol (33 percent); vanillin (25 percent); maltol and triacetin (fruity, creamy, 24 percent).
Nine sweet and fruit flavor chemicals, used mainly in products bought in 2016 and 2019, were at levels above 2 mg/mL.
The flavor chemical levels for Juul Classic and Juul Virginia were below 0.35 mg/mL while levels of the individual chemicals were, in most cases, equal to, or less than, 0.05 mg/mL.
Different flavor chemicals were used in the classic and Virginia products, suggesting these were added intentionally to create distinct tastes for each product, according to the researchers.
Puff “Tobacco,” on the other hand, had 27 different flavor chemicals adding up to a total of 34.3 mg/mL. Individual chemicals ranged from 0.03 mg/mL to 15 mg/mL.
Four flavor chemicals (vanillin, ethyl maltol, ethyl vanillin and corylone), which were the highest (range 2.07 mg/mL to 15 mg/mL), are typically used in sweet-flavored e-cigarette products, such as Dewberry Cream, which is popular with young vapers, noted the researchers.
For the dominant flavor chemicals found in both brands, levels of vanillin were 300 times higher in Puff than in Juul while ethyl maltol was 239 times higher and corylone was 41 times higher.
The total number of flavor chemicals used in Puff Bar tobacco was greater than those found in nearly all (94 percent) the refill fluids evaluated.
“Concern has been raised previously about the safety of flavor chemicals when inhaled at these high concentrations,” the researchers noted.
“Although these particular flavors are generally regarded as safe by the Flavor Extract Manufacturers Association (FEMA) for ingestion, FEMA has not evaluated them for inhalation toxicity.”
In a press note, the researchers said there were two reasons for the FDA to identify and quantify flavor chemicals before authorizing premarket tobacco product applications (PMTAs). “First, flavor chemicals are often used in e-liquids without safety data at concentrations much higher than those found in other consumer products,” they wrote. “Second, our data show that e-cigarette manufacturers are manipulating e-liquid formulations apparently to circumvent flavor chemical regulations.”
November 4, 2022
Industry Braces for California Flavor Ballot

Photo: PX Media
The nicotine business is bracing for a likely “yes” vote in the Nov. 8 ballot on California’s flavored products ban.
In 2020, California lawmakers passed a ban on all flavored nicotine products—including vapes and cigarettes—except in hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.
Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.
If voters uphold the legislation next week, California will join a number of states that have already prohibited the sale of at least some flavored nicotine products. Massachusetts banned the sale of flavored nicotine products (including menthol) in 2019; New Jersey, Rhode Island and New York have all banned flavored vaping products.
California’s proposed law is unique in that it also bars so-called “flavored enhancers,” preventing a person from buying flavored non-nicotine e-liquid and adding it to flavorless nicotine at home.
Observers expect the California legislation to be approved.
An Oct. 4 poll from the Berkeley Institute of Governmental Studies found that 57 percent of respondents planned to support the flavor ban, whereas just 31 percent would vote “no,” with only 12 percent looking to be undecided.
Supporters of the ban appear to have outspent opponents by a significant margin. By mid-October, the billionaire anti-smoking and anti-vaping activist Michael Bloomberg had provided $15.3 million of the $17.3 million raised by the committee in favor of the ban, according to the San Francisco Chronicle. By contrast, the opposition had raised just over $2 million, almost entirely comprised of donations from Philip Morris USA ($1.2 million) and R.J. Reynolds ($743,000).
Critics worry that, if passed, the ban will spawn a considerable illicit market as it appears to have done in states that have similar restrictions in place. Massachusetts’ ban on tobacco flavors, for example, appears to have encouraged smokers and vapers to obtain their products in neighboring states.
November 4, 2022
Tunisia to Sell State Tobacco Factory

Photo: Maksym Yemelyanov
The government of Tunisia has promised the International Monetary Fund (IMF) to sell a state tobacco factory, reports Reuters.
The pledge is part of a preliminary deal with the IMF for a $1.9 billion rescue package in exchange for unpopular reforms, including reducing food and energy subsidies, and reforming public firms.
The leader of Tunisia’s powerful UGTT union said his organization would strongly oppose the move.
November 2, 2022
Menthol Use Up Among U.S. Adult Smokers

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Menthol use has increased over the past decade among U.S. adult smokers, according to a study released by Columbia University Mailman School of Public Health and The City University of New York. Menthol use is much more common among adult smokers who are younger, from racial/ethnic minoritized groups and with mental health problems. The results are published in the journal Nicotine and Tobacco Research.
According to the study, menthol use was common among approximately two out of five cigarette smokers overall. Over 80 percent of Black smokers preferred menthol in 2020, which is stable relative to prior reports.^“That approximately 50 percent of smokers who were Hispanic, female, ages 18–25 and 26–34, lesbian/gay and adults with mental health problems, used menthol in 2020 is higher than previously reported and suggests use has expanded across all segments of the population of adults who smoke cigarettes,” noted said Renee D. Goodwin, who works in the department of epidemiology at Columbia Mailman School, in a statement.
To estimate trends in menthol use among adults who smoke cigarettes by sociodemographic, mental health and substance use variables, the researchers analyzed nationally representative annual, data from 128,327 individuals ages 18 and older residing in the U.S. from the 2008–2019 and 2020 from the National Survey on Drug Use and Health (NSDUH). Depression was assessed using the DSM-IV criteria for a major depressive episode.
There was a significant overall increase in menthol cigarette use among adults smoking cigarettes from 34 percent in 2008 to 41 percent in 2019. In 2020, 43 percent of adults who smoked cigarettes in the past month used menthol. Menthol use was most common among Black adults (80 percent). Over 50 percent of Hispanic, female, young (ages 18–34), lesbian/gay, with serious psychological distress, and with cigar use also used menthol. Menthol use grew more rapidly among adults, among Hispanics, light cigarette users (1–5 per day) and those who smoked cigars.
A notable finding was the increase and majority menthol use among Hispanic adults over the study period (34 percent in 2008 to 48 percent in 2019) and 51 percent in 2020, with a more rapid increase among Hispanic compared with Non-Hispanic white smokers. “Until now, there was a lack of research in this area,” observes Goodwin, who offers a number of possible explanations for the increased popularity of menthol cigarettes among Hispanic smokers. “For one, there is evidence of greater marketing of menthol cigarettes to Hispanic adults.”
“Our study shows persistent and unmitigated inequities in menthol use among tobacco use disparity group members in particular,” said Goodwin. “Data from 2020 demonstrate that the increase in menthol use among smokers over the past decade was broadly evident across subgroups.”
The Food and Drug Administration’s Center for Tobacco Products intends to ban menthol as a characterizing flavor in cigarettes. However, given the regulatory process required to issue a product standard and the potential for tobacco industry litigation, menthol cigarettes will likely remain on the market for a considerable amount of time.
October 14, 2022
IEVA Opposes Dutch Flavor Ban

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The Independent European Vape Alliance (IEVA) has expressed concerns about the Draft Amendment of the Tobacco and Smoking Products Order for regulation of e-cigarette flavors presented by the Dutch Ministry of Public Health, Welfare and Sports.
According to the statement submitted by the Dutch authorities, the draft amendment intends to ban flavors other than tobacco in e-liquids in order to “reduce the temptation for young people and former smokers to purchase e-cigarettes.” The measure, authorities note, is “justified by the need to protect public health.”
The proposal also suggests that the Netherlands will be more likely to achieve its objective of a smoke-free generation by 2040 if e-cigarettes are rendered less attractive.
According to the IEVA, the proposed flavor ban is neither proportional nor necessary, as it is too strong a measure for the objective it seeks to achieve and fails the EU requirement that member states choose the means that least restricts the free movement of goods.
The IEVA insists that the ban will boost black market activity and jeopardize tens of thousands of jobs while leading to a reduction in government revenues by reducing tax collection.
October 4, 2022
EU Menthol Ban Helped Smokers Quit: Study

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The 2020 European ban on menthol cigarettes made it more likely that menthol smokers would quit smoking, according to a new study published in Tobacco Control.
“This Dutch study is our second major national study to provide evidence of the powerful impact of banning menthol cigarettes on quitting, which supports proposed menthol bans in the U.S. and other countries,” said Geoffrey T. Fong, professor of psychology and public health sciences at Waterloo, and the principal investigator of the ITC Project in a statement.
Previous Canadian research also found a positive public health impact of banning menthol cigarettes.
In the most recent study, the research team surveyed a national sample of adult smokers of menthol and non-menthol cigarettes in the Netherlands before and after the EU menthol ban. Of the menthol smokers surveyed before and after the ban, 26.1 percent had quit smoking. This quit rate was higher than the control group of non-menthol smokers, of whom only 14.1 percent had quit.
In fact, the increased quit rate of 12 percent of menthol smokers after the European ban is greater than the increased quit rate of 7.3 percent found in an ITC study of the menthol ban that was in effect across Canada in 2018.
The World Health Organization’s Framework Convention on Tobacco Control calls upon countries to prohibit or restrict menthol and other additives that make smoking easier.
To date, 35 countries have banned menthol cigarettes. On April 28, 2022, the U.S. Food and Drug Administration announced a proposed rule to ban menthol in cigarettes and cigars. An ITC study published that day on the impact of the Canadian ban projected that a ban on menthol cigarettes in the U.S. would lead more than 1.3 million smokers to quit.
The Dutch study also found that one-third of menthol smokers reported continuing to smoke menthol cigarettes even after the ban. The tobacco industry markets a wide range of accessories to enable people to add menthol flavoring to tobacco products themselves.
“These tobacco industry actions undermine the effectiveness of the menthol ban,” said Marc Willemsen, co-author of the Dutch study and professor in tobacco control research at Maastricht University and scientific director of tobacco control at the Trimbos Institute. “By tightening the regulations to include these menthol add-ons, the impact of the menthol ban on quitting could be even greater.”
October 2, 2022
China: Flavored Vape Ban Takes Effect

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China’s ban on flavored vapor products takes effect on Oct. 1 along with other new vaping product standards that were decided on earlier this year, reports Vaping360.
In November 2021, Chinese law was amended to bring the vapor industry under control of the State Tobacco Monopoly Administration (STMA), which regulates China’s tobacco products.
Vapers are rushing to buy and hoard flavored vapor products before the ban takes effect on Saturday, according to Vaping360. It is not clear yet if the ban will create a large black market in the country; China is known to punish illicit sellers harshly.
Products meant for export will not have to meet Chinese standards unless the destination country does not have its own specific standards.
China’s new rules also require domestic e-cigarette manufacturers and traders to obtain a license before operating their business, according to The Global Times.
E-cigarettes cannot be sold to customers under 18, and the sale points cannot be near schools or kindergartens. Warning signs must also be placed at the e-cigarette sale points, and self-service sales are banned.
Manufacturers, wholesalers and retailers of e-cigarettes, vaporizers and e-liquid are required to conduct their business on specific platforms that are subject to STMA supervision.
The rules also forbid the advertising of e-cigarettes in the mass media or in public places.
The iiMedia Research Institute expects China’s e-cigarette market to be worth RMB25.52 billion ($3.57 billion) by the end of 2022 and RMB45.43 billion by the end of 2023.
September 28, 2022
FTC Reports Surge in Flavored Disposables

Photo: Paul Brady
Sales of flavored disposable e-cigarettes and menthol e-cigarette cartridges surged dramatically in 2020, according to the U.S. Federal Trade Commission’s (FTC) second report on e-cigarette sales and advertising nationwide.
This increase coincides with a federal ban on the flavored cartridges popular with young vapers, suggesting that youth e-cigarette use shifted to substitute products rather than declined.
The FTC has been reporting on tobacco sales annually since 1967 and smokeless tobacco sales since 1987. Last year, the agency expanded its studies of industry and published its first-ever report on e-cigarettes.
This year’s e-cigarette report covers sales and advertising data from 2019 and 2020, a period in which the Food and Drug Administration published an enforcement policy banning the sale of flavored e-cigarette cartridges other than menthol.
Overall, the report found that total e-cigarette sales, which had increased from $304.2 million in 2015 to $2.05 billion in 2018, grew to $2.7 billion in 2019 but then declined to $2.24 billion in 2020.
The sale of disposable e-cigarettes—which are exempt from the FDA’s 2020 policy—increased substantially, with “other” flavored disposable products making up 77.6 percent of all disposables sold in December 2020. The FTC’s data did not show an increase in disposable sales. The FTC report notes that the 2020 decline may not represent the market given major industry shifts.
Similarly, the report found that the sale of the remaining non-FDA-banned flavored cartridge, menthol, increased significantly, to 63.5 percent of all cartridges sold in 2020.
The report also noted record-high e-cigarette discounting and a doubling of nearly free e-cigarette samples.
“This report shows that youth are still at risk from flavored or deeply discounted e-cigarettes,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection, in a statement.
“Marketers of e-cigarettes have proven skillful at evading FDA regulation and hooking youth on addictive products,”
September 1, 2022