Category: Flavors

U.S. Menthol Ban Could Be Pushed to Late 2024

Image: zatevakhin
The expected ban on menthol cigarettes in the U.S. may be pushed to 2024, reports NBC.
The delay could be announced by the Biden administration soon, according to officials from two national public health groups working to remove the products. The groups requested anonymity.
The officials worry that the ban may be pushed as far as after the 2024 November presidential election. One official was “deeply concerned” that the ban wouldn’t be put into effect before the election.
“Everything gets harder to do in an election year because people are distracted and bandwidth is stretched,” the official said.
The White House has not commented on the potential delay.
“The American Lung Association expects the White House to honor President Biden’s commitment to end cancer as we know it through the Cancer Moonshot,” said Erika Sward, assistant vice president for national advocacy at the American Lung Association. Sward said it can’t be achieved until the White House finalizes rules banning menthol products.
“Removing these products from the market is backed by strong scientific evidence and hundreds of thousands of public comments from the public health community nationwide,” said Nancy Brown, chief executive officer for the American Heart Association. “The administration should not delay further in putting these rules into effect.”
The Food and Drug Administration stated that finalizing the rules to ban menthol “remains a top priority.”
“Final rules such as these go through an extensive rulemaking process, including agency review and consideration of public comments, development of the final rule and subsequent review by the Department of Health and Human Services and the White House Office of Management and Budget,” an FDA spokesperson said. The Office of Management and Budget has posted the final rules, which is considered the last step before the bans are finalized, according to NBC.
“People are dying,” one official said. “This will save lives. We have the science and data to prove it. It is long past time to take these products off the market.”
The Biden administration has been holding meetings with the tobacco industry and public health groups to discuss the issue.
December 5, 2023
Elf Bar Removing Some Flavors from U.K.

Image: Tobacco Reporter archive
Vaping brands Elf Bar and Lost Mary will remove dessert, candy and soft drink flavored disposable vapor products from the U.K. market, according to Vaping360.
The brands make up more than half of the U.K.’s disposable vape sales, according to data firm NielsenIQ. They are owned by the Chinese firm Shenzhen iMiracle Technology, and it is unclear if the Chinese company will remove these flavors from other markets.
Elf Bar has already ended U.K. sales of Bubble Gum and Cotton Candy flavors and renamed Gummy Bear “Gami,” according to the BBC.
The decision is meant to help curb claims that the popular vapes are marketed to youth following a panic over youth vaping that has seen an uptick in the past couple years.
Prime Minister Rishi Sunak proposed changes to the vaping laws in October. There is currently a public consultation to determine what actions to take.
“The introduction of such a regime would mitigate children’s access to vapes and make it easier for the authorities to regulate the sale of vaping devices better. Furthermore, we believe it would help combat the growing illicit vape market and drive increased rates of vape recycling,” an Elf Bar spokesman said.
Clive Bates of The Counterfactual questioned whether the move would silence the company’s critics. “Their detractors will take it as an in-principle admission of culpability and then build outward from that principle,” he said.
December 1, 2023
Menthol Ban Risks Alienating Voters: Poll

Photo: New Africa
A majority of U.S. President Joe Biden’s core voter base opposes the administration’s proposed ban on menthol cigarettes and flavored cigars, reports National Review, citing a poll by Cornell Belcher commissioned by Altria.
Biden’s core voter base is defined as minority voters or nonconservative white voters under the age of 45. Of this group, 54 percent oppose the proposed ban, with each battleground state showing a majority of opposition as well.
“Candidates risk alienating base supporters in battleground states by taking up a cause that most voters oppose and don’t believe to be important,” according to the poll.
Based on the poll, tobacco product bans are at the bottom of voters’ priority list when it comes to the U.S. Food and Drug Administration—opioid abuse, prescription medication and food safety are the top concerns.
“Biden’s core voters are simply not comfortable with the idea of prohibition as a government approach to tobacco,” Belcher’s polling memo says. The majority of voters (74 percent) prefer a harm reduction approach.
“With so many issues more pressing on voters’ minds—issues that voters actually agree with—these bans represent a very avoidable self-inflicted wound that could alienate base supporters in a battleground state,” the memo said. “Adult use of tobacco is far from a top-tier concern, and voters recognize there are more important matters for the president, Congress and the FDA to address. Candidates should not be taking up a cause that most voters oppose, that voters don’t believe to be important and that can get in the way of a campaign’s ability to mobilize supporters.”
The poll was conducted from Sept. 17 to Oct. 10 among 3,021 likely voters in Biden’s “core coalition.” Roughly 600 voters per battleground state were included in the poll.
November 29, 2023
BAT Urges Stricter Vape Rules

Photo: BAT
BAT is urging the U.K. to introduce new regulations that the company believes will help the country achieve its “smoke-free” ambitions.
England wants to reduce smoking prevalence to 5 percent of less by 2030, with Wales targeting a similar timeline and Scotland four years later.
Ahead of the consultation on the Tobacco and Vapes Bill that ends Dec. 6, BAT is now publishing proposals that seek to minimize the underage appeal of, and access to, vapor products, along with the environmental impact of single-use e-cigarettes.
In addition to a ban on dessert and soft drink flavors for vapes, the company is calling for an end to marketing slogans and imagery involving toys, cartoons and sweets.
“Vaping is the key to unlocking the U.K.’s smokefree target,” said Asli Ertonguc, BAT lead for the U.K., in a statement. “As the largest manufacturer of vaping products in the U.K., we are clear on our responsibilities and are urging the government to introduce more stringent vaping regulations. We believe that underage users should never vape, so we want confectionery, dessert and soft drink flavors to be banned and the introduction of a new regime for how and where vapes are sold.”
In practice, this would mean requiring vape sellers to have a retail license, similar to that in place with alcohol and cigarettes, and which would be revoked if they were found to be selling to anyone underage, according to BAT. Retailers would also have to demonstrate to Trading Standards that they observe either Challenge 25 protocols or new technologies at point-of-sale locations which verify age, such as facial recognition cameras.
In addition to tackling underage vaping, BAT also wants vapes to be made more environmentally responsible. BAT wants it to be mandatory for single use vapes to have removable batteries, to make recycling more straightforward.
Five million single use vapes are thrown away each week in the U.K. according to 2023 research from recycling campaign group Material Focus—a fourfold increase since 2022. But only 17 percent of vapers recycle in the correct recycling bins, according to the same data.
Finally, according to BAT, products shipped to the U.K. should be subject to a mandatory testing program to ensure products are compliant with U.K. regulations before they can be sold.
“We recognize that some want single use vapes banned altogether, but we are concerned such a move would lead to unregulated sales, and less options for adult smokers looking to switch,” said Ertonguc. “Governments should wield their enforcement powers to help re-build confidence in vaping by ensuring adult consumers can buy legitimate products, and suitably penalizing those who fail to comply.”
November 27, 2023
Black Farmers Petition Against Menthol Ban

Photo courtesy of John Boyd
The National Black Farmers Association (NBFA) is calling on the Biden Administration to end its proposed ban on menthol tobacco products, calling it a misguided federal policy that will devastate Black farmers and rural communities. Representing 130,000 members across 47 states, the NBFA has launched a nationwide Change.org petition to rally support.
“The White House is about to hand down another mandate that will put more Black farmers out of business,” said NBFA Founder and President John Boyd Jr. in a statement. “The proposed federal ban targets adult use of menthol tobacco products—the kind of tobacco products preferred and grown by Black farmers. This will rob small towns and businesses of critical income.”
The process to finalize a Food and Drug Administration rule is expected within weeks. If enacted, the ban could lead to widespread unemployment, loss of income and assets, and even the potential extinction of generations of farming families, according to the NBFA. “This is particularly true for Black farmers who are already struggling due to misguided federal policies and a lack of relief or alternatives,” the organization wrote.

The White House is about to hand down another mandate that will put more Black farmers out of business.
John Boyd, president, NBFA
“Few workers have been hit harder in recent years than Black farmers, whose numbers continue to dwindle. In 1910, about 14 percent of U.S. farmers were Black, owning more than 16 million acres. According to the latest available Census of Agriculture data, only one in 100 farmers is black, owning a total of less than 5 million acres.”
The association previously represented 1 million Black farmers across the country, a figure which now stands at over 130,000 across 47 states.
“We know all too well how misguided policies from the federal government have, time and time again, put another nail in the coffin of Black farmers and rural towns across America,” added Boyd. “My members stand on the brink of disaster. We must find a better solution that does not further damage America’s shrinking rural towns or put additional pressure on hardworking farmers. This NBFA petition allows us to speak out—we hope the White House will hear the concerns of generations of Black farmers.”
Beyond the economic impact, opponents of the ban on menthol tobacco products note measure would criminalize the sale, distribution and possession of menthol cigarettes. This criminalization, they warn, could result in mandatory minimum sentences, revocation of parole, fines, the loss of one’s right to vote, or even deportation, among other criminal legal consequences.
A study by Columbia University’s Mailman School of Public Health reveals that 40 percent of adults who use cigarettes smoke menthol and that over 80 percent of Black smokers use menthol.
November 16, 2023
Slovenia Bans Flavors and Smoking Rooms

Photo: Taco Tuinstra
The government of Slovenia has banned most flavorings in electronic nicotine delivery systems such as e-cigarettes and tobacco-heating products, reports Euractiv. The only flavors still permitted are tobacco and mint.
“There is mounting research showing that among adolescents who otherwise do not smoke, the use of electronic cigarettes raises the likelihood of them starting to smoke regular cigarettes by up to four times,” Health Minister spokesperson Valentina Prevolnik Rupel was quoted as saying.
The government has also prohibited smoking rooms in public places such as bars and airports, as ventilation, filtration and other technologies have proven ineffective against exposure to tobacco smoke, according to Rupel.
To discourage black market sales of flavored products, the government intends to introduce new rules prohibiting individuals from selling or importing tobacco products in bulk.
Every year, 3,100 people die from smoking in Slovenia, according to Health Ministry data.
November 13, 2023
Budget Office Urged to Ditch Flavored Cigar Ban

Photo: Paul Raven
The Cigar Association of America (CAA) has asked the Office of Management and Budget (OMB) to withdraw the Food and Drug Administration flavored cigar product standard (FCPS) banning flavors in cigars, which it said would cost the industry nearly $4 billion in sales—up to 47 percent of industry sales—and destroy 16,000 jobs.
“We presented evidence to OMB that FDA’s proposed flavored cigar ban dramatically fails to meet the criteria necessary for such a ban under the Tobacco Control Act, offering little or no public health benefit while having a devastating economic impact on the industry,” said CAA President David Ozgo in a statement following the group’s Nov. 6 meeting with OMB officials.
“FDA claims the product standard will reduce youth usage of cigars and that prohibiting flavored cigars will address health disparities in minority adult subpopulations. CAA showed OMB government data demonstrating that neither of these claims is true.”
In order for FDA to impose a flavored cigar ban through a FCPS, the law requires that the Agency consider: whether the potential product standard is appropriate for the public health, taking into consideration scientific evidence concerning the risks and benefits to the population as a whole; the increased or decreased likelihood that existing users of tobacco products will stop using such products; and, the increased or decreased likelihood that those who do not use tobacco products will start using such products.
“FDA’s flavored cigar product standard fails on all three accounts,” Ozgo charged. “Youth usage rates of cigars, and of flavored cigars in particular, are at all-time lows and these low rates reflect a stable and sustained trend.”

There is little or no public health benefit from the proposed flavored cigar product standard, but huge negative economic consequences will result.
David Ozgo, president, CAA
The 2022 National Youth Tobacco Survey (NYTS) showed past 30‐day youth cigar use at 1.85 percent and past 30‐day youth flavored cigar use at 0.83 percent. The recently released 2023 NYTS data showed past 30‐day youth cigar use has declined to 1.6 percent. While the flavored cigar use data has not yet been released, it is expected to follow the trend at under 1 percent of use.
Other government surveys reflect similar trends. In fact, the most recent Population Assessment of Tobacco and Health Survey (PATH) showed that past 30-day youth usage of cigars was only 0.7 percent and past 30-day youth usage of flavored cigars was just 0.14 percent.
In addition to unsupported youth usage claims, the CAA contends that the FDA failed to show that adult subpopulation health disparities are associated with flavored cigar use or that banning flavored cigars would remedy these disparities among Black, Non-Hispanic Americans. The CAA did so despite the fact that FDA is required by law to base its decisions not on subpopulation impacts but on impacts to the population as a whole.
“FDA’s claims aside, there is simply not a pattern of use of these products that raises a concern of public health that can justify eliminating an entire category of products, while depriving adult consumers of the right to choose these products” Ozgo said.
While the public health case is non-existent, FDA’s proposal would have dramatically negative economic consequences. A recent study by the Policy Navigation Group showed the flavored cigar ban would reduce retail sales by nearly $4 billion, up to 47 percent of industry sales, causing some 16,000 people to lose their jobs.
The CAA and other industry groups recently convinced a court to reject the agency’s effort to regulate “premium” cigars. More particularly, the judge in the case ruled against the FDA, citing the agency for ignoring the scientific evidence. The proposed FCPS similarly ignores scientific evidence.
“Just as it did in 2016 and 2019, we urge OMB to again reject FDA’s flavored cigar proposal,” said Ozgo. “There is little or no public health benefit from the proposed FCPS, but huge negative economic consequences will result. This is as bad as public policy gets. Ultimately, FDA’s proposal is a solution in search of a problem.”
November 8, 2023
Online Shopping Spikes After Flavor Restrictions

Photo: Ngampol
Eric Leas
Online shopping for cigarettes and vaping products increased significantly in the weeks following the implementation of a 2022 California law prohibiting the sale of flavored tobacco products.
Reporting in Tobacco Control, researchers at the Herbert Wertheim School of Public Health and Human Longevity Science at University of California San Diego assessed the impact of California’s statewide flavor restriction on online shopping behavior among consumers. Comparing observed rates of shopping queries with expected rates, researchers discovered that shopping queries were 194 percent higher than expected for cigarettes and 162 percent higher than expected for vape products.
“Retailer licensing programs have proven to be effective in enforcing tobacco control laws. However, the exclusion of e-commerce retailers from these programs can undermine their impact,” said principal investigator Eric Leas in a statement.
Despite the flavor restriction, analysis of the first 60 websites returned in the search queries presented at least two online retailers offered access to flavored vaping products or menthol cigarettes to consumers in California—with one query returning as many as 36 websites (60 percent of the search results).
The study authors recommend strengthening regulations to include e-commerce retailers within the scope of retailer licensing programs.
November 8, 2023
FDA Warns Nic Nac ‘Nicotine Mints’

Image: FDA
The U.S. Food and Drug Administration issued a warning letter to Nic Nac Naturals for the marketing of their unauthorized dissolvable nicotine products, which the company describes as “nicotine mints” and which resemble a pack of mints. These products are of particular concern because of their resemblance to popular candies and the potential to cause severe nicotine toxicity or even death if accidentally ingested by young children, according to the FDA.
“FDA remains steadfast in our commitment to actively monitor the marketplace and to crack down on companies selling unlawful products, particularly those that can appeal to youth,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “Our goal is to identify and prevent these emerging threats to our nation’s youth before they become mainstream.”
The manufacturer markets these tobacco products in a variety of mint and fruit flavors, all of which come in two nicotine strengths (3 mg or 6 mg). The packaging states the products contain nontobacco nicotine. The FDA regulates tobacco products containing nicotine from any source, including nontobacco nicotine. Nic Nac Naturals does not have a marketing authorization order from the agency to sell or distribute these products in the U.S.
One container of 15 of these mints can have as much as 90 mg of nicotine total. According to research, the FDA stated, ingesting 1 mg to 4 mg of nicotine could be toxic or severely toxic to a child under 6 years old, depending on body weight. This means ingesting one mint could be severely toxic to a child under 6 years old. Nicotine toxicity among youth of any age can lead to nausea, vomiting, abdominal pain, increased blood pressure and heart rate, seizures, respiratory failure, coma and even death. The FDA also stated that nicotine is highly addictive and exposure during adolescence can harm the developing brain.
“Today’s action is another example of our ongoing efforts against illegal nontobacco nicotine products,” said Ann Simoneau, director of the CTP’s Office of Compliance and Enforcement. “We remain unwavering in our use of compliance and enforcement resources to curb unlawful marketing of tobacco products, particularly those that youth could easily confuse with something that they consume regularly—like candy.”
The company has 15 working days to respond to the FDA with steps they will take to correct and prevent future violations. Failure to respond and correct violations may result in addition FDA action, such as an injunction, seizure and/or civil money penalties.
November 7, 2023
Campaign Launched Against Menthol Ban

Photo: Karen Roach
A conservative advocacy group has launched a campaign opposing a proposed ban on menthol cigarettes in the United States, reports Fox News.
In its campaign, Building America’s Future contends that restricting menthol cigarette sales would jeopardize hundreds of millions of dollars in state revenue nationwide. According to a Tax Foundation analysis conducted in 2022, the measure would cost the federal government $1.9 billion and state governments a total of $4.7 billion in lost tax revenues.
The average pack of cigarettes in the U.S. attracts $1.91 in state taxes and $1.01 in federal taxes. Additionally, every state continues to receive funds from the 1998 Master Settlement Agreement, which, translates to about $0.75 per pack in 2022, according to the Tax Foundation.
In April 2022, the FDA issued product standards to prohibit menthol as a characterizing flavor in cigarettes and prohibit all characterizing flavors other than tobacco in cigars.
Last month, the FDA sent the proposed regulations to the White House Office of Management and Budget for review, a final step in finalizing and eventually implementing the menthol cigarette ban.
In related news, the convenience and fuel retailing group NACS has been urging its members to urge the White House to stop the menthol ban from moving forward, using the organization’s grassroots portal. Rather than reducing smoking, the group believes that a menthol ban would fuel illicit cigarette sales.
For convenience stores, menthol cigarettes account for 34 percent of cigarette sales and flavored cigars account for 51 percent of cigar sales. Removing them from shelves means that current users who cannot quit or switch to other tobacco products will search for the products from illegal sources, according to the organization.
November 6, 2023