Category: Flavors

California Assembly Approves Flavor Ban

Photo: Borgwaldt Flavor
The California Assembly has approved a ban on the retail sale of flavored tobacco products, including flavored e-cigarettes, flavored cigars and menthol cigarettes, in the state, reports The Los Angeles Times. The legislation does not make it illegal for someone to purchase, possess or use flavored products.
The bill’s author, state Senator Jerry Hill, said his measure seeks to address an increase in tobacco use by young people. A 2018 study by the U.S. Centers for Disease Control and Prevention found that 67 percent of high school students and 49 percent of middle school students who used tobacco products in the prior 30 days reported using a flavored tobacco product during that time, Hill noted.
In California, more than 85 percent of youth who use e-cigarettes use flavored products, and more than 85 percent of youth who use little cigars use flavored cigars, according to the Campaign for Tobacco-Free Kids (CFTFK). California is home to more than 10 percent of the U.S. population.
More than half of U.S. youth smokers—including seven out of 10 black youth smokers—smoke menthol cigarettes as do 85 percent of all black smokers.
Supporters of the legislation blasted an advertising campaign from tobacco companies that claims the bill discriminates against black and Latino smokers, saying that the ads disingenuously portray the industry as an ally of communities of color.
Advocates for the bill responded with another ad that argues flavored tobacco products have been heavily marketed to communities of color and pose disproportionate health risks to black residents.
The state Senate, which overwhelmingly passed similar legislation in June, is expected to approve this version soon. California Governor Gavin Newsom has also expressed support for ending the sale of flavored tobacco products.
If he signs the bill into law, California will become the second U.S. state to ban the sale of flavored tobacco. Massachusetts banned flavored tobacco products on June 1.
August 27, 2020
Regulator Urged to Reject Flavors

Photo: Laboko – Dreamstime.com
As manufacturers of e-cigarettes and certain other tobacco products face a Sept. 9, 2020, deadline to apply to the U.S. Food and Drug Administration (FDA) to keep their products on the market, six leading public health and medical organizations are urging the FDA not to authorize the sale of any flavored products.

“The FDA should not authorize the sale of any flavored tobacco product, including e-cigarettes or e-liquids, because of the clear evidence that flavored products appeal to youth and have driven the current epidemic of e-cigarette use among youth and young adults and the lack of evidence that flavored products help smokers quit,” the groups wrote in a joint statement.

“Research shows that 97 percent of youth e-cigarette users report using a flavored product in the past month, and 70 percent say they use e-cigarettes ‘because they come in flavors I like.’ In contrast, there is no credible evidence that flavored e-cigarettes help adult smokers quit. In a report issued earlier this year, the U.S. Surgeon General concluded, ‘there is presently inadequate evidence to conclude that e-cigarettes, in general, increase smoking cessation,’” the organizations wrote.

The groups also called on the FDA to take prompt enforcement action to remove from the market products for which applications are required but are not submitted by the Sept. 9 deadline.

The organizations that issued the statement are the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, the Campaign for Tobacco-Free Kids and the Truth Initiative.
August 11, 2020
Taxpayers’ Group Slams Kiwi Curbs on Flavors
Photo: Duh84bk – Dreamstime.com
New Zealand will enact flavor restrictions and ban vapor product advertising in November, reports the New Zealand Herald.
The country’s House of Representatives passed the Smokefree Environments and Regulated Products Vaping Amendment Bill on Aug. 5—just before the final sitting day in this term of government.
Associate Health Minister Jenny Salesa promised to regulate the industry in November 2018 but didn’t introduced the bill until this year. She described the legislation as the most significant change to the Smokefree Act.
The new law will:
Ban the sale of vaping products to those under the age of 18.
Prohibit advertising the products and encouraging people to buy them in-store.
Limit the sale of all flavors to specialist stores, including online retailers, with shops Like dairies, supermarkets and petrol stations restricted to mint, menthol and tobacco.
Allow specialty stores to continue offering loyalty points and discounts.
Ban vaping in cars with children.
Enable all retailers to display products in-store.
Provide a framework for regulations to be set where people can vape in or outside premises.
Introduce a safety system which would allow the Ministry of Health to recall products, suspend them and issue warnings.
Critics said the new rules are too restrictive and could prompt people using vaping as a smoking-cessation tool to turn back to cigarettes.
“The vaping regulations rushed through under urgency are an absolute boon for the tobacco industry,” said Jordan Williams, spokesman of the New Zealand Taxpayers’ Union. “Decreasing the availability of appealing alternatives to cigarettes will keep disproportionately poor New Zealanders on the durries, paying a massive price in excise tax and devastating health outcomes.
“The range of appealing flavors is one of the key attractors for smokers transitioning off cigarettes,” he said. “When someone walks into a convenience store and is denied access to flavored vape liquid but can still buy their favorite cigarette brand, they’re at risk of falling off the wagon. And a complete ban on advertising for vaping products will prevent these brands from appealing to smokers to make the switch,” said Williams.
August 7, 2020
State Flavor Ban Drives Users Elsewhere

Photo: Miriam Doerr | Dreamstime.com
Massachusetts’ ban on the sale of flavored tobacco products has shifted rather than reduced tobacco consumption, according to Ulrik Boesen, senior policy analyst with the Center for State Tax Policy at the Tax Foundation.

On June 1, Massachusetts’ ban on the sale of flavored tobacco products, including menthol cigarettes, took effect. At first sight, early data suggests a public health success: sales of cigarette tax stamps in the Bay State have declined 9.2 percent in the first half of 2020 compared to the same months last year.

However, sales of tax stamps in the Northeast region (Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island and Vermont) have remained stable in the first half of 2020, suggesting Massachusetts consumers are now buying their tobacco products in neighboring states.

From Jan. 1, 2020, to June 30, 2020, 311,848,000 stamps were sold in the region. For the same period in 2019, that number was 311,974,000. For June alone, sales actually increased from 53,877,000 in 2019 to 63,449,000 in 2020.

Tobacco tax collections, too, have shifted elsewhere, according to Boesen. In December last year, the Massachusetts Department of Revenue estimated the ban would decrease collections by $93 million in 2021. That revenue is now being collected by Massachusetts neighbors.

“It is not in the interest of Massachusetts to pursue a public health measure that merely sends tax revenue to their neighboring states without improving public health,” writes Boesen. “In addition, the ban on flavored tobacco highlights the complications of contradictory tax and regulatory policy, the instability of excise taxes that go beyond pricing in the cost of externalities, and the public risks of driving consumers into the black market through excessive taxation or regulation.”
August 5, 2020
Puff Bar Suspends Sales in the United States

Photo: Puff Bar
Puff Bar has “ceased all online sales and distribution in the U.S. until further notice,” according to its website. International sales will continue for now.
The California-based e-cigarette company has come under scrutiny lately for replacing Juul as the vape of choice among young people as Juul Labs discontinued some of its flavored products.
Puff Bar comes in more than 20 flavors, including pina colada and pink lemonade. Although the Trump administration banned fruit, mint and dessert flavors in refillable cartridge-based e-cigarettes like Juul earlier this year, it exempted brands that are used once and thrown away.
Launched last year, Puff Bar has been the key beneficiary of the decision to exempt disposables form the flavor ban. Juul’s business, by contrast, has shriveled since it restricted sales in the United States to tobacco and menthol varieties last fall.
When the FDA started regulating e-cigarettes, it permitted the continued sale of products that were on the market as of Aug. 8, 2016, pending agency review. Because Puff Bar was introduced after that date, the agency should have the authority to remove it even though the product is disposable and even if the FDA cannot prove the company is targeting youths.
The exception would be if Puff Bar had already been on the market before the 2016 deadline, under a different name or sold by another company.
Much remains unknown about Puff Bar. For example, it is unclear who owns the company, according to FairWarning. A document filed with the California Secretary of State lists Patrick Beltran as the chief financial officer and Nick Minas as the CEO, but both men have stated that despite their titles, they are in charge only of running the company’s website.
While online U.S. sales have been suspended for now, Puff Bar products are still available on other ecommerce sites, such as Eliquidstop, which is owned by Minas and Beltran. Puff Bars can also still be found at numerous convenience stores throughout the U.S.
July 14, 2020
PM: Irish Menthol Ad Was A Mistake

Peter Nixon, managing director of Philip Morris for the U.K. and Ireland.
Photo: Dave Parker
Philip Morris has told Irish retailers it made a mistake in labeling its new Marlboro Bright brand as a “menthol blend’ in a trade press advertisement, reports The Irish Times.

The company introduced Marlboro Bright after menthol cigarettes became illegal across the European Union on May 20. The new brand replaces the company’s old Marlboro Green cigarettes.

Writing in Retail News, Peter Nixon, the managing director of Philip Morris for the U.K. and Ireland, said the advertisement should not have run.

The ad for retailers had described Marlboro Bright as “the Marlboro menthol blend—without methylation.”

Nixon said “methylation” was a typo that should have read “without menthol.” He insisted Marlboro Bright is a traditional cigarette without menthol and thus in compliance with the ban.

Public health advocates have been watching the tobacco industry’s actions closely in the wake of the EU ban. Earlier, Japan Tobacco International (JTI) was criticized for continuing to use menthol during the manufacturing process of its Silk Cut Choice Green brand.

JTI insisted this is legal as long as the additive does not result in a characterizing smell or taste in the cigarettes other than tobacco.

The Health Service Executive is investigating if any tobacco companies are in breach of the menthol ban.

The Irish market for menthol cigarettes was worth €250 million ($282.82 million) prior to the ban.
June 23, 2020
Dutch Plan to Ban Flavored Vapor in 2021

The Netherlands plans to ban flavored vapor products beginning sometime next year. The goal is to make vaping less attractive to young people, the government said on Tuesday.
Flavors currently available range from mojito and strawberry ice cream to mango and chocolate, the government said. With its sweet tastes and perceived lower health risks, vaping has rapidly become popular among young non-smokers, who are often seen to use them as a stepping stone to regular tobacco products, according to an article from Reuters.
“It is unacceptable that 20,000 people die every year in our country from the effects of smoking and that every day around 75 kids start smoking”, deputy health minister Paul Blokhuis said. “The smoke-free generation we see coming also needs to be free of electronic cigarettes.”
The government will refine the tobacco law to include the ban on flavored e-cigarettes, which is likely to take effect in the first half of next year, the government said. Tobacco-flavored vaping products will remain available, mainly to help regular smokers kick their habit, it said.
A Dutch government report in 2017 said that over a quarter of people aged 12-16 said they had tried vaping at least once. Electronic cigarettes and water pipes have been banned in the Netherlands for anyone under the age of 18 since 2016.
June 23, 2020
African American Group Sues FDA For Inaction on Menthol

Photo: Miriam Doerr | Dreamstime.com
The African American Tobacco Control Leadership Council (AATCLC) and Action on Smoking and Health (ASH) are suing the U.S. Food and Drug Administration (FDA) for alleged inaction on menthol.
The plaintiffs have asked the court to compel the FDA to act on its own conclusion that banning menthol from tobacco products would benefit the public health.
The 2009 Family Smoking Prevention and Tobacco Control Act banned flavors in cigarettes but excluded menthol, subject to further research. In 2011, the FDA’s advisory committee concluded that the “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.”
Despite this conclusion, and several statements of support in the interim, the FDA has not begun the rulemaking process of removing menthol from combustible cigarettes. The plaintiffs are asking the court to direct the FDA to act.
According to the AATCLC and ASH, smoking-related illnesses are the No. 1 cause of death in the African American community, and 85 percent of African American smokers consume menthol cigarettes.
“By continuing to delay, the FDA and the U.S. government are failing to protect the health of U.S. citizens, particularly African Americans, and the U.S. is also falling behind the global trend as countries around the world are increasingly banning menthol,” said Kelsey Romeo-Stuppy, managing attorney at ASH.
On May 20, the European Union banned menthol cigarettes.
“Our nation finds itself at a moment in time when action to eradicate systemic inequities and racism is crucial to fighting injustice, and this case is a perfect example of action which will elicit positive change,” said ASH in a statement.
Read the full complaint here.
June 18, 2020
Massachusetts Flavor Ban Boosts Out-of-State Sales

Photo: Borgwaldt Flavor
Tobacco sales in Massachusetts convenience stores are down less than a week after the state’s ban on flavored tobacco took effect, reports CSP Magazine. However, tobacco sellers in neighboring states are reporting an uptick in business.
On June 1, Massachusetts restricted the sale of flavored combustible cigarettes and other tobacco products—including menthol cigarettes and flavored chewing tobacco—to licensed smoking bars where they can be sold for on-site consumption.
“We’re down double digits in menthol cigarettes,” said Leo Vercollone, CEO of VERC Enterprises, a retail convenience store/gasoline and carwash group operating in Massachusetts and southern New Hampshire.
Cigarette and other tobacco product sales were down about 12 percent at his Massachusetts stores compared to last year, Vercollone said. However, in the first few days of June, tobacco sales at two of his stores on the New Hampshire border were up about 40 percent, he said.
Tobacco sales make up about 15 percent to 30 percent of in-store revenue for c-stores, and menthol sales typically make up about 34 percent of tobacco sales—and more in minority communities and cities, said Jonathan Shaer, executive director of the New England Convenience Store & Energy Marketers Association.
The effects of the ban, coupled with the devastating effects of Covid-19 on the economy, could mean 800 or more c-stores will permanently close within months, Shaer estimates.
us leo.
June 11, 2020
Irish Health Authorities Probe Menthol Successor Products

Photo: Photo:Beverly Buckley from Pixabay
Ireland’s Health Service Executive is investigating whether cigarette makers are breaching a recently enacted EU ban on menthol cigarettes, reports The Irish Times.
The move comes after Minister for Health Simon Harris accused tobacco companies of “undermining” the ban by exploiting loopholes in the new rules.
Cigarette manufacturers throughout the EU have been introducing substitute products targeting former menthol smokers, but critics contend some of the new products fall foul of the ban. Japan Tobacco International’s (JTI) Silk Cut Choice Green variant, for example, still contains low level of menthol, but the company insists this is legal as long as the cigarettes have no other smell or taste than tobacco.
JTI says it shared in advance the ingredients for its new menthol-added product with the relevant authorities in Ireland and the EU. “So there is full transparency throughout this process,” the company said.
Philip Morris International launched Marlboro Bright, which it sells as a “menthol blend without mentholation.”
Meanwhile, Irish retailers, who commit a criminal offence if they sell menthol-flavored cigarettes, have started contacting manufacturers asking for confirmation that the substitute products they introduced after the menthol ban are legal.
The Irish market for menthol cigarettes was valued at €250 million ($284.27 million) prior to the EU ban.
June 10, 2020