Category: Flavors

Quebec Urged to Crack Down on Flavored Vapes

Eric Gagnon, Vice-President of Corporate and Regulatory Affairs at Imperial Tobacco Canada, urges the government to buckle down on enforcing its law during the press conference. (Photo: Imperial Tobacco Canada)
Imperial Tobacco Canada is urging the government of Quebec to crack down on illegal flavored vaping products.
Three months after the law banning flavors in vaping products came into force, flavored e-cigarettes remain available at a large number of retail outlets that either infringe on the law or are using a variety of tactics to circumvent the law, according to Imperial Tobacco Canada, which is part of British American Tobacco.
“We are aware of the growing concern with the proliferation of products that circumvent the regulations, resulting in the creation of an illicit market,” said Imperial Vice-President of Corporate and Regulatory Affairs Eric Gagnon in a statement.
“We recently identified over 200 sales outlets that sell non-compliant vaping products. These stores have not adjusted to the new regulations and continue to offer a wide range of flavored products, including those that exceed the maximum permitted quantity of 2 ml.”
According to Imperial, these stores now also sell flavor enhancers as a way to circumvent the new regulation. “Given that these enhancers are not intended to be vaped, they can pose serious risks to consumers who use them,” the company wrote in a press note. “It is also because of a similar illegal market that a wave of lung diseases spread between 2019 and 2020 in the U.S., claiming 68 lives.”
Imperial says that instead of meeting its objective of tackling vaping among young people, the government has created a thriving illicit market.
During a Jan. 21 appearance on the talk show Tout le monde en parle Health Minister Christian Dubé blamed tobacco companies for the situation.
Imperial Tobacco Canada said it strongly refutes the allegations. “As a responsible company that fully complies with the regulations in place, we denounce these abuses and reiterate our call for stronger enforcement of the law,” said. Gagnon. “We warned the minister’s office several months ago about the inevitable collateral damage that would result from such a regulation being implemented. Unfortunately, nothing was done, and the situation persists as a result.”
February 2, 2024
Colorado May Allow County Flavor Bans
Credit: Nathan
A Senate bill in Colorado would grant counties the power to regulate or ban the sale and distribution of flavored vaping, cigarettes and other nicotine products.
Senate Bill 24-022 defines flavored nicotine and tobacco products as anything with a scent or flavor other than tobacco, including products that induce a cooling or numbing sensation.
Citing the U.S. Centers for Disease Control and Prevention, Rep. Kyle Brown, a sponsor of the legislation, said nearly 9 out of 10 adults who smoke every day first tried smoking “before they turned age 18.”
He said tobacco products are linked to negative health effects, including cancer, and that e-cigarettes and other vape products are “highly addictive and can harm adolescent brain development.”
A similar bill was introduced during the 2022 legislative session but died in the Senate. At the time, Gov. Jared Polis said he opposed the bill because he thought the matter should be handled at a local level.
January 15, 2024
Virginia Proposes Approved Product List

Virginia has long been the epicenter of the tobacco industry; now, two bills that would ban flavored vaping products have been filed with the state’s General Assembly.
Sponsors say Virginia should step in where Washington has been ineffective in blocking unregulated flavored e-cigarettes, such as Elf Bar disposables, off of store shelves.
The bills, House Bill 1069 and Senate Bill 550, call for a fine of $1,000 a day for each product sold that the U.S. Food and Drug Administration has not authorized to be marketed in the U.S.
The Attorney General would maintain a directory of legal products, much like Alabama and Louisiana. Products not listed in that directory could not be legally sold in Virginia.
The bill states any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the state is subject to scheduled or unscheduled compliance checks carried out by the Attorney General’s Office for enforcement purposes.
Manufacturers must certify, in a filing with the Attorney General, that an FDA marketing authorization order covers their product or is exempt from that because it was sold in the U.S. before 2016 or subject to a premarket tobacco product application dating from before 2020.
“It’s a public health issue,” said Del. Rodney Willett, who sponsored the House of Delegates bill.
“They’re targeting kids with the flavors,” he said, according to media reports. “When I walk into a convenience store, I’m just stunned by the number of these products that are for sale.”
January 13, 2024
Top Court Won’t Hear Flavor Ban Challenge

Image: Bill Chizek
The U.S. Supreme Court has declined to hear a legal challenge to California’s ban on flavored tobacco, reports Reuters.
On Jan. 8, the justices rejected an appeal by R.J. Reynolds and other plaintiffs of a lower court’s ruling holding that California’s law did not conflict with a federal statute regulating tobacco products.
The ruling ends a long battle over tobacco restrictions in the U.S.’ most populous state.
In 2020, California Governor Gavin Newsom signed into law a ban on all flavored tobacco products, including menthol cigarettes, following concerns about increased underage vaping and tobacco use.
The tobacco industry and allied groups then gathered enough signatures for a ballot measure that would block the state from implementing its flavor ban. The move forced California to postpone the Jan. 1, 2021, implementation until after the ballot.
When the ballot took place in November 2022, nearly two-thirds of participants approved the flavor ban.
A day after the California vote, Reynolds, along with a tobacco retailers group and a vape shop, filed a lawsuit arguing that the federal Tobacco Control Act preempts state and local laws that bar flavored tobacco product sales.
In March 2023, a federal judge rejected the plaintiffs claim, citing an earlier decision by the San Francisco-based 9th U.S. Circuit Court of Appeals upholding a similar ban in Los Angeles County.
California’s flavor ban took effect in December 2022, after the U.S. Supreme Court refused to block the measure in response to an earlier request by the tobacco industry.
California was the second state to ban all flavored tobacco product sales after Massachusetts, which passed similar legislation in 2019. Several other states have restricted flavored vaping products and several municipalities have adopted their own bans. The Biden administration plans to make a decision on whether to ban menthol cigarettes nationwide in March.
Anti-tobacco activists welcomed the Supreme Court ruling. “States and localities should feel secure that they are not federally preempted from passing laws ending the sale of flavored tobacco products,” Yolonda C. Richardson, president and CEO of the Campaign for Tobacco-Free Kids, wrote in a statement. “They should move forward expeditiously in passing these laws to protect kids, advance health equity and save lives.”
Critics of flavor bans say they have boosted out-of-state sales near Massachusetts and spawned an illicit market in California. There has also been controversy over the products that replaced menthol cigarettes in California, with health groups and state officials warning that the new products also violate the flavor ban.

January 8, 2024
Vapers Hoarding Ahead of Flavor Ban

Image: fotodiya83
Vapers in the Netherlands have been stocking up on products ahead of a flavor ban set to take effect in 2024, reports the NL Times, citing Emil ‘t Hart of the Esigbond Trade Association.
“You see that the consumers are hoarding as much as possible in the specialist stores,” ‘t Hart was quoted as saying. “Especially the real vapers who had switched over from cigarettes are hoarding.”
From Jan. 1, 2024, stores will not be allowed to sell vapes or fluids with flavors like peach, mango or mint. Only products with the taste of tobacco will be permitted. The government hopes its measure will prevent youngsters from starting the nicotine habit and then migrating to combustible products.
‘t Hart believes the measure will be counterproductive, however. “People who have smoked regular cigarettes before turning to e-cigarettes would then be tempted to go back to traditional cigarettes,” he said.
According to ‘t Hart many vapers have been buying their e-cigarettes online from sellers in France, Spain or China, or at physical stores in neighboring Belgium and Germany.
A legal challenge against the flavor ban, filed by the Esigbond in April, is currently making its ways through the courts. ‘t Hart expects a ruling this summer.
December 31, 2023
Flavored Vapes Still Available After Ban

Image: Olga
Californians, including minors, are still able to buy flavored vapes online a year after the state enacted a ban on such products, reports The Conversation, citing a study published in Jama Network Open.
In effect since Dec. 21, 2022, California Senate Bill 793 prohibits the sale of most flavored tobacco products, including e-cigarettes, to people of all ages. Hookahs, premium cigars and loose-leaf tobacco are exempted from the legislation.
Posing online as minors under the age of 21, researchers tried to buy flavored e-cigarette products from 26 websites that sold them in California. Before SB 793, they succeeded in 52 percent of attempts. After SB 793, the team’s success rate rose to almost 61 percent.
The study did not explain why flavored e-cigarettes are still available from online retailers in California. “It may be that vendors are flouting the new law, are ignorant of it, or do not believe the new law applies to online sales,” speculated corresponding author John-Patrick Allem, associate professor of social and behavioral sciences at Rutgers University.
Allem urged authorities to conduct a comprehensive evaluation of SB 793 compliance among brands and vendors that sell their products online in California to help determine the extent to which flavored e-cigarettes are still available.
Another research team collected weekly Google search rates related to online shopping for cigarettes and vaping products in California from January 2018 to May 2023. They found that shopping queries were 194 percent higher than expected for cigarettes and 162 percent higher than expected for e-cigarettes—which according to the authors suggests consumers are searching on Google for vendors promoting banned products.
December 22, 2023
Bulgaria to Ban Flavored Products

Image: Delyan
Bulgaria will ban products with flavors other than tobacco effective Jan. 1, 2024, reports Novinite.com
The ban is in response to the European Commission’s directive.
The amendment will also require that all packaging for heated-tobacco products display a warning highlighting associated risks of use. The Ministry of Economy and Industry will now be tasked with prohibiting tobacco products containing additives that significantly increase toxicity, with addictive properties or that pose risks of cancer, mutations or reproductive toxicity.
Enactment of the changes is pending official publication in the State Gazette.
December 14, 2023
No Sweet Spot

Image: Erik
The battle against youth vaping will not be won by a flavor ban.
By Robert Burton
Banning flavors is not the answer to curbing youth vaping. As history tells us, prohibition drives the black market and in this case also risks jeopardizing the transition journey of millions of adult smokers that rely on flavored vapes to quit, posing an obstacle to ending the smoking epidemic. A sensitive topic in a hugely sensitive and emotive sector, the solution may be more nuanced; flavors that are particularly appealing to children—such as confectionary flavors—should be restricted, together with improved enforcement of existing regulations that prevent those under 18 having access to vaping products.
The public consultation on youth vaping launched by the U.K. government eight weeks ago as part of its ambition to create a “smoke-free generation” closed this week, marking another step forward in the science and policy development of harm reduction and reduced-risk products. We at Plxsur, the world’s largest independent group of vaping companies, welcomed the opportunity to voice our views to help shape the future of vaping and save the lives of those impacted by smoking.
Our proposal reflects our commitment to preventing youth access, offering clear-cut recommendations and considerations in line with our own practices.
Flavors should be described factually, and the use of images, illustrations or cartoons on packaging that appeal to children or those under the age of 18 should be restricted. The use of confectionary, candy-related terms or fictional characters to describe flavors ought to be prohibited. In the same vein, it’s important that restrictions on flavors and packaging not limit the ability for vaping businesses to communicate on the packaging of vapes as long as this does not include imagery that appeals to those under the age of 18.
Responsibility Flows Both Ways
There needs to be stronger focus on proper enforcement of regulation and education of retailers and, subsequently, consumers. Examples of this include enforcing age verification for online sales, educating shopkeepers or vape education programs in stores. Fixed penalty notices can be an effective tool as well, in addition to which all shops selling vapes should require a license. Those shops should be monitored, and if they breach the law, they should be banned from selling tobacco products and vapes, losing their license altogether. This will ensure that the penalty is sufficient enough to act as a deterrent, increasing the effectiveness of the regulation.
Enforcement of age restrictions at sale points that prohibit access to under 18s is the single most effective way to prevent youth vaping—particularly when combined with appropriate restrictions on marketing and packaging.
Vapes are a powerful tool for smokers who wish to move to potentially safer alternatives. Restricting flavors has the potential to harm the route for the millions wanting to make the transition. According to Public Health England, vapes are 95 percent less harmful to health than normal cigarettes, and studies indicate that restricting flavors can ultimately harm smokers trying to quit. It is statistically proven in many studies and more recently in research by The Truth Initiative, America’s largest nonprofit public health organization, that flavor bans push vapers toward the black market, which poses a bigger threat given lack of regulation on ingredients.
At Plxsur, we are driven by a clear purpose—to empower adult smokers to make positive choices and make the transition to reduced-risk alternatives. As part of this, we know that adult smokers can enjoy flavors—and that flavors may be one of many factors that support smokers to move completely to vaping. Banning flavors may appear to be an “easy win,” but Plxsur believes that the way to drive real change is by improved enforcement of existing regulation, which includes age restrictions at sale points and responsible marketing and packaging rules.
Robert Burton is group scientific and regulatory director at Plxsur.

December 8, 2023
White House Postpones Menthol Ban Decision

Image: Marisela
The White House has delayed its decision about whether to ban menthol cigarettes in the wake of fierce opposition from tobacco companies, retailers and other groups, reports The New York Times. The administration had originally planned to have the rule finalized by August 2023 and, later, signaled that the rule would come before the end of 2023. The government’s most recent Unified Agenda—a regulatory “to-do” list—suggests the final menthol rule is now expected in March 2024.
The Food and Drug Administration officially announced its plan to ban menthol cigarettes in April 2022, citing public health concerns. Researchers say the cooling sensation of the menthol flavor makes it easier to start smoking and harder to quit. The FDA estimates that the menthol ban could reduce smoking by 15 percent in 40 years. Studies project that as many as 650,000 smoking-related deaths could be avoided.
In recent months, dozens of groups have met with administration officials to discuss the proposal. Among other concerns, opponents of the measure cite job losses and aggressive police targeting of Black smokers, who tend to favor menthol cigarettes in the United States. An estimated 85 percent of U.S. Black smokers prefer menthol brands, according to market data.
Critics, however, contend that tobacco companies are financing and fueling those fears. “They’re peddling stories—Big Tobacco is—that we’re going to go out and arrest African Americans if they use menthol cigarettes. But that’s not the case at all,” said Senator Richard J. Durbin. The FDA has said that the ban will be enforced at the manufacturers’ level, and not against individuals.
Menthols account for about one-third of the U.S. cigarette market, according to the Federal Trade Commission. Reynolds American Inc. (RAI), which makes the market-leading Newport brand, earns about $7 billion from menthol cigarette sales a year, research by Goldman Sachs shows. RAI has vowed to fight the ban all the way to the Supreme Court, a battle that could postpone implementation of the final prohibition rule for years.
Convenience store, gas station and wholesaler groups predict a loss of $34 billion in sales from menthol cigarettes and snacks and drinks purchased by customers. Some House Republicans have sent letters to the administration warning that the ban could have a disastrous effect on small businesses and that it could encourage cigarette smuggling that would benefit terrorist groups.
Altria spokesman David Sutton said the company was also concerned about illicit sales as well as lost tax revenue and jobs.
“We believe equitable harm reduction, not prohibition, is the better path forward and that the FDA should authorize smoke-free products and encourage adult smokers to transition to a smoke-free future,” Sutton said in an email to The New York Times.
Public health groups were dismayed by the delay of the menthol ban. “This delay not only puts the rules at risk of never being finalized but also represents a significant victory for Big Tobacco’s well-documented exploitative practices, all at the expense of our nation’s public health,” said Kathy Crosby, CEO and president of Truth Initiative, in a statement.
Public opinion polls have shown that about 60 percent of Americans favor banning menthol cigarettes.
December 7, 2023
Adult Vapers Rely on Flavors: Research
Photo: Atlas
New industry figures, collected by online vape retailers representing around 43 percent of the U.K. market, have revealed that significant numbers of older adults are users of disposable and flavored vapes, which are the focus of a government consultation to address the issue of youth vaping that will close on Dec. 6.
The industry warns that any moves to ban single use vapes and flavors, which have been key drivers in the decline of smoking to record low levels in the U.K. over the last two years, will have catastrophic consequences for the nation’s public health and will effectively end any chance of creating a smokefree generation in the near future.
The data collected from the last quarter sales by four of the country’s leading online retailers, representing nearly a quarter of the U.K. market, revealed that:
The most popular flavor category amongst middle-aged adults (35-44 and year olds) was “fruit” flavors, followed “treats and desserts”
Highest proportion of tobacco flavor use is in the over-55 age category
Menthol flavors and tobacco flavors are significantly less popular amongst middle-aged adults
The average age of adult disposable users is 39
The latest adult vaping statistics follow a survey conducted by One Poll earlier this year, which revealed that 83 percent of vapers said that flavors helped them quit smoking, with one in three saying that a ban on them would lead them back to conventional cigarettes, which would represent around 1.5 million former smokers.
Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?”
John Dunne, director, UKVIA
“These statistics show what we in the industry already know—that the very flavors and single use vapes that are now under scrutiny by the government as it looks to tackle youth vaping are a lifeline for former adult smokers,” said Dan Marchant, co-owner of online retailer Vape Club, which contributed to the demographic sales data.
“The legitimate vaping industry completely recognizes the need to deal with youth vaping but it shouldn’t involve any wholesale bans, as this will affect the adults who depend on them. There is already a ban on vapes for under 18 year olds as it is illegal for retailers to sell devices to minors. That’s why the industry is calling for greater enforcement of the existing law, on-the-spot fines of up to £10,000 ($12,631) per offence and the introduction of a retail licensing scheme to weed out the rogue traders.”
“Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?” asked UKVIA’s Director General John Dunne.
“If the government goes down the path of banning single use vapes and/or flavors a return to smoking amongst current vapers will be very much on the cards, bringing with it catastrophic consequences for the public health of the nation and wrecking any chances of the government’s smoke free ambition. The only winners from any potential bans on the vaping industry are the tobacco industry and illicit markets, something that no one in their right mind wants to see.”
December 5, 2023