Tag: menthol

California Flavor Ban Spawned Illicit Market
Photo: sosiukin
California’s 2022 ban on menthol cigarettes and flavored vapes has spawned a large, illicit marketplace for such products in the state, according to a study carried out WPSM Group.
The researchers collected 15,000 empty discarded cigarette packs and 4,529 vapor product packages from May 1 through June 28 in 10 California cities. The study shows that the flavor ban has had limited effect on the access or demand for flavored vapor products or menthol cigarettes throughout the entire state. The results of the study include:
Of the vapor packs found, almost all (97.9 percent) were flavored.
Menthol (14 percent) and “menthol workaround” (7.1 percent) cigarettes combined made up 21.1 percent of the packs found compared to 24.5 percent of the California marketplace prior to the ban implementation.
More than one-quarter (27.6 percent) of products found were nondomestic products, which are not intended for the U.S. market. These products were primarily from U.S. Duty Free, Worldwide Duty Free, China and Mexico.
One cigarette brand, Sheriff, the fifth most prevalent brand found, is only intended for use outside the U.S.
The study indicated significant loss of state cigarette tax revenue. Among packs where it was possible to determine what tax stamp was applied, only 45 percent bore the California tax stamp.
This data suggests illicit cigarette markets are costing California as much as $1.27 billion annually in cigarette excise tax revenues—a funding source that supports important government programs.
“This study provides further evidence that keeping products legal and regulated is the best path forward for tobacco policy,” said David Fernandez, vice president of government affairs and public policy of Altria Group, in a statement. “This data shows these products shifting in real time to illicit markets, which we know lack proper government oversight and other benefits of a well-regulated system.”
The ban, which was implemented in December 2022, covers menthol cigarettes, flavored cigars, flavored smokeless tobacco and flavored vapor products.
October 12, 2023
Cigarette Makers Turn to Menthol Substitutes

Image: Marisela
Cigarette manufacturers are deploying synthetic chemicals that mimic menthol’s cooling sensations in U.S. states that have banned the additive, according to a new study from Duke Health.
Menthol cigarettes are banned in California and Massachusetts and tobacco companies are bracing for a federal ban on the substance later this year.
In a Research Letter appearing online Oct. 9 in JAMA, researchers from Duke Health and Yale University identified new compounds that achieve similar cooling sensations to menthol, which has long been added to tobacco to reduce harshness.
“We found that tobacco companies are adding a synthetic cooling agent called WS-3 to these new “non-menthol” cigarettes,” said Sven-Eric Jordt, associate professor in the department of anesthesiology at Duke University School of Medicine and senior author of the study, in a statement. “The added amounts are sufficient to produce robust cooling sensations, with some brands having more cooling activity than their menthol equivalent cigarettes.”
When California’s menthol ban was enacted in December 2022, R.J. Reynolds Tobacco Co. and ITG Brands introduced non-menthol cigarette brands as menthol substitutes, with similar packaging and marketing strategies as their menthol cigarette brands.
Sairam V. Jabba, a senior research scientist at Duke and lead author of the study, measured whether cigarettes purchased in the two states with bans contain chemicals that activate the cold/menthol receptor, which senses environmental cold temperature and is activated by menthol.
“We found that four of the non-menthol cigarette products, all manufactured by R.J. Reynolds, robustly activated the cold/menthol receptor, and this cooling activity was stronger than of their menthol counterparts,” Jabba said.
“These results signify that these new ‘non-menthol’ cigarettes can produce the same cooling sensations as menthol cigarettes and thereby facilitate smoking initiation,” he said. “Allowing these cigarettes to be marketed would nullify several of the expected public health benefits from state and federal bans of menthol cigarettes.”
A chemical analysis of the “non-menthol” cigarettes detected a synthetic cooling agent, named WS-3, in four of the nine currently marketed products. WS-3 produces a cooling effect, but lacks the minty smell of menthol, allowing these products to bypass regulations. The researchers also detected vanilla and tropical flavor chemicals in “non-menthol” cigarettes, contained in flavor capsules in the filters.
“Our discovery of restricted flavors such as vanilla, which have characteristic odor and taste, demonstrates that Big Tobacco is ignoring current federal regulations banning the addition of characteristic flavors to cigarettes. More importantly, vanilla flavor is a very popular among children and youth, making it easy for them to initiate on these cigarettes,” Jordt said.
October 11, 2023
Menthol Rule Expected ‘in Coming Months’

Photo: Luis Pinto
The U.S. Food and Drug Administration will finalize its rules to prohibit the sale of menthol cigarettes and flavored cigars “in the coming months,” according to a spokesperson quoted by CBS News.
When the FDA in April 2022 announced that it was going to ban the flavor, it set a deadline of August 2023 to work out the details. However, the agency made no announcements last month.
While the number of people who smoke cigarettes in the U.S. has fallen to historical lows, the proportion of people who smoke menthols has been increasing, according to the Centers for Disease Control.
Tobacco companies insist there are better ways to reduce the health impact of smoking than banning menthol in cigarettes. “Evidence from other markets including Canada and the EU where similar bans have been imposed, demonstrates little impact on overall cigarette consumption,” Luis Pinto, vice president of corporate communications and media relations at Reynolds American Inc., told CBS News in an e-mail.
Experts say that even when the FDA enacts a nationwide ban, it could be many years before it goes into place, as tobacco companies are likely to challenge the measure in court.
September 4, 2023
Warning Against ‘Mimic Menthols’

Photo: Esser
The U.S. Food and Drug Administration should choose the wording of its intended ban on menthol cigarettes carefully to prevent the emergence of substitute products, according to Maciej Goniewicz, a professor of oncology at the Roswell Park Comprehensive Cancer Center’s department of health behavior.
A study carried out by Roswell Park revealed that several nonmenthol cigarette brands introduced in California after that state banned flavored cigarettes in December 2022 contain synthetic chemicals to mimic menthol’s cooling effects.
“Synthetic cooling chemicals that may cause sensations similar to menthol have been reported recently in various tobacco products, including e-cigarettes and nicotine pouches,” said Goniewicz, who contributed to the research, in a statement. “This is the first study to discover that synthetic cooling chemicals were added to conventional cigarettes marketed after the implementation of statewide menthol restrictions.”
The researchers measured the content of menthol and 15 other cooling chemicals in the new non-menthol cigarettes sold in California and compared those concentrations to similar products with “menthol” labels available in New York State, where menthol cigarettes are not banned.
Among other things, they found that two non-menthol brands marketed to appeal to menthol smokers were available only in California, which according to the researchers suggests that these products are new to the market and marketed to fill the sales void created by the ban on menthol cigarettes.
With the exception of one variety, menthol was not detected in any cigarettes sold in California. However, while WS-3, a synthetic cooling chemical, was not found in any cigarettes sold in New York, the agent was detected in four types of cigarettes in California that included package descriptions implying a cooling effect.
The study results led Goniewicz to conclude that the wording the FDA uses in its regulation will be important. “Otherwise, if the law says simply, ‘You cannot use menthol,’ the manufacturers may do exactly what we found in California—they will use menthol substitutes, and the product will remain on the market,” he said.
August 10, 2023
FDA Denies Marketing of Myblu Menthol

Image: Tobacco Reporter archive
The U.S. Food and Drug Administration on July 10 issued a marketing denial order (MDO) for Myblu Menthol 2.4 percent, an e-cigarette product made by Fontem US. The order prohibits the company from marketing or distributing this product in the United States.
“Thorough scientific review of tobacco applications is a key pillar under FDA’s role to protect the public from the dangers of tobacco use,” said Matthew Farrelly, director of the Office of Science within the FDA’s Center for Tobacco Products. “This application lacked the scientific evidence needed to demonstrate that the product provided a net benefit to the public health that outweighs the known risks.”
Among other shortcomings, the application presented insufficient scientific evidence to show that the menthol-flavored e-cigarette products provided an added benefit for adults who smoke relative to tobacco-flavored e-cigarettes, according to the FDA.
Fontem US may resubmit a new application to address the deficiencies for the product subject to this MDO.
To date, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices. Last year, the FDA issued MDOs to Fontem US for several other Myblu products, which are the subject of ongoing litigation.
July 10, 2023
Bill Threatens Menthol and Nicotine Plans

Photo: Rechitan Sorin
The U.S. House Committee on Appropriations may spoil the Food and Drug Administration’s plans to ban flavored cigars, ban menthol cigarettes and limit nicotine levels in cigarettes, reports Halfwheel.
On May 17, the committee, which is responsible for allocating funds to various government entities, including the FDA and the Department of Agriculture, unveiled the draft of the Agriculture, Rural Development, Food And Drug Administration, And Related Agencies Bill.
The proposed language says that FDA cannot use any of the money Congress allocates for it to ban menthol or set nicotine levels, effectively preventing the agency from carrying out the regulations.
The relevant passages are:
SEC 768. None of the funds provided by this Act or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, may be used by the Secretary of Health and Human Services to finalize, issue, implement, administer, or enforce any rule, regulation, or order setting a tobacco product standard that mandates a maximum nicotine level for cigarettes.
And:
SEC 769. None of the funds provided by this Act, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, may be used by the Secretary of Health and Human Services to finalize, issue, or implement any rule, regulation, notice of proposed rule- making, or order setting any tobacco product standard that would prohibit menthol as a characterizing flavor in cigarettes or prohibit characterizing flavors in all cigars and their components and parts.
Anti-tobacco activists were aghast. “This bill is a special interest gift to the tobacco industry that would result in more kids addicted to tobacco and more lives lost, especially Black lives,” wrote Matthew L. Myers, president of the Campaign for Tobacco-Free Kids, in a statement. “These shameful provisions give the tobacco industry everything it wants from Congress in exchange for its campaign contributions.”
The bill is in its early stages and is likely to undergo many modifications.
May 18, 2023
‘Mimic Menthols’ Soar Following Flavor Ban
R.J. Reynolds Tobacco Co.’s (RJR) “California compliant” cigarettes, which contain an artificial, flavorless cooling chemical, have proven a big hit among smokers in the wake of the state’s ban on menthol cigarettes and other flavored tobacco products, according to an article in Politico.
By March, sales of the new cigarettes were on track to replace nearly half of the menthol sales compared to last year, according to an expert cited by Politico who tracks cigarette sales trends.
RJR sold 2.8 million packs of Camel-branded menthol cigarettes and 2 million packs of Newport-branded menthol cigarettes in California in March 2022, according to Alex Liber, an assistant professor in the department of oncology at Georgetown University’s School of Medicine who studies tobacco sale trends.
This year, the company sold 1.4 million “California compliant” Camel branded cigarette packs and about 800,000 “California compliant” packs of its Newport brand.
According to RJR, the new products don’t violate California law because they don’t have a distinguishable taste or aroma other than tobacco. California law defines a flavored tobacco product as any product that has a “distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product.”
Some of RJR’s new products, like the Camel Crisp, contain a lab-made chemical called ethyl menthane carboxamide, or WS3. That chemical has less of the minty odor than menthol, but it provides the same cooling, soothing sensation as conventional menthol cigarettes.
Other new “California-compliant” cigarette products don’t list WS3 as an ingredient. The company considers many of its ingredients to be propriety and is required to list them only under a general description of “natural and artificial flavors.”
The success of RJR’s “mimic menthols” comes as the U.S. Food and Drug Administration prepares to ban menthol cigarettes nationwide this year.
Menthol cigarettes make up nearly 40 percent of U.S. cigarette sales and are particularly popular in minority communities, with an estimated 90 percent of Black smokers using menthol products.
The California Department of Public Health said it is aware of the new products, but doesn’t have the power to enforce the ban.

Photo: New Africa
April 20, 2023
FDA Denies Marketing Applications for Vuse Menthol
The U.S. Food and Drug Administration issued marketing denial orders (MDOs) for two menthol e-cigarette products currently marketed by R.J. Reynolds Vapor Company under the Vuse Solo brand.
Reynolds is expected to challenge the order.
The currently marketed products include the Vuse Replacement Cartridge Menthol 4.8% G1 and the Vuse Replacement Cartridge Menthol 4.8% G2, according to a statement. The company may resubmit applications or submit new applications to address the deficiencies for the products that are subject to these MDOs.
The FDA evaluates premarket tobacco product applications (PMTAs) based on a public health standard that considers the risks and benefits of the product on the population as a whole.
After reviewing the company’s PMTAs, the FDA determined that the applications lacked sufficient evidence to demonstrate that permitting the marketing of the products would be appropriate for the protection of the public health, which is the applicable standard legally required by the 2009 Family Smoking Prevention and Tobacco Control Act.
Specifically, the evidence submitted by the applicant did not demonstrate that its menthol-flavored e-cigarettes provide an added benefit for adult smokers relative to tobacco-flavored e-cigarettes.
In October last year, the FDA issued MDOs for several menthol-flavored vaping products marketed by Logic Technology Development. It was the first time the FDA issued MDOs for menthol products after receiving a scientific review.
A few days after the order was issued, Logic obtained a court order from the U.S. Circuit Court of Appeals for the 3rd Circuit that temporarily stayed the order.
The case continues.
March 17, 2023
Black Activists Split on Menthol Ban

Photo: New Africa
Black activists in New York are split on whether a menthol ban will be beneficial or harmful to the community, reports Gothamist.
One group, consisting of family members of those killed by police, including George Floyd’s brother and sister-in-law and Eric Garner’s mother, Gwen Carr. Garner was killed by police on Staten Island who were enforcing cigarette regulations.
“My son was a victim because allegedly he was selling ‘loosie’ cigarettes,” Carr said. “That’s what they’re going to do when they ban these cigarettes.”
“No more victims and no more violence,” she said, “and no ban on the menthol cigarettes.”
Another group gathered 30 minutes later and a block away supporting the ban. The group consisted of 40 clergy leaders and activists as well as Hazel Dukes, president of the NAACP New York State Conference and former president of the National NAACP.
“Our children are dying. Our kids think menthol is great. They think it’s bubblegum,” Dukes said. “Big Tobacco, you are getting out of our community.”
The proposed ban would expand current measures to include menthol-flavored products; a city council bill has been sponsored by 20 members and a state proposal from Governor Kathy Hochul is up for a vote.
According to New York public health officials, half of all adult smokers use menthol cigarettes, 86 percent of Black smokers smoke only menthol cigarettes, and 72 percent of Hispanic smokers smoke only menthol cigarettes. Black and Hispanic smokers make up a disproportionate number of smoking deaths in New York, according to state and federal data.
“Prohibition doesn’t work,” said Sylvia Miranda, executive director of the National Latino Officers Association. “The best way is through a medical model, not a criminal model.”
Supporters of the ban say it would specifically target retail sales and not personal consumption while critics fear the ban would ramp up policing in Black communities.
“Contrary to what the opposition is saying, read my lips: NYPD will not be involved,” said Council Member Rita Joseph, the main sponsor of the city council bill banning menthol-flavored tobacco products.
March 13, 2023
Health Advocates Urge FDA to Ban Flavors

Image: chocolatefather | Adobe Stock
Health advocates are urging the U.S. Food and Drug Administration to ban menthol cigarettes and flavored cigars, reports WGBO. The FDA issued draft measures to ban menthol in April 2022. Final regulations are expected later this year.
“Menthol is an analgesic; it numbs the throat, so it lets the poison go down easier,” said Carol McGruder, co-chair of the African American Tobacco Control Leadership Council. “It dilates the alveoli in the lungs, the little sacs in your lungs, and so it allows the toxins to stay longer and deeper in the lungs.”
Lincoln Mondy made a documentary called Black Lives/Black Lungs about the marketing of menthol cigarettes to Black communities, something many have pointed out as a trend in tobacco marketing.
“We say predatory because it was indeed predatory; they went in neighborhoods like Detroit and New York and majority Black neighborhoods and gave out free cigarettes. They just handed out free cigarettes; they drove up in Newport vans and Kool vans and handed out free cigarettes,” Mondy said.
As a result of this “predatory” marketing, 85 percent of Black smokers smoke menthol cigarettes. Some states like California passed laws banning flavors. However, McGruder says that the industry is still finding ways around such bans.
“They’ve already introduced new products that have some chemicals in there that mimic menthol, but they’re not menthol, and they’re actually on the market right now in California, and so now we have to deal with that, and so, the industry will never stop. They are going to continue to recruit their new smokers to replace the folks who are dying,” McGruder said.
February 22, 2023