When policymakers are considering a flavor ban, the industry often lobbies for the more ambiguous ban on “characterizing flavors.” This was the case with the 2014 revision of the EU Tobacco Products Directive, which ultimately included only a “characterizing flavors” ban. This characterizing flavors ban included a ban on menthol, which was set to go into effect in 2020.
In the months immediately preceding and following the menthol ban, Japan Tobacco International released 66 new products that weren’t labeled as menthol, but implied the products were flavored via green and blue packaging. Some of these varieties were lab-tested and were determined to contain menthol. In California, R.J. Reynolds launched a new line of cigarettes whose colorful packaging mimicked that of flavored tobacco, and advertised them with terms such as “crisp” and “tropical oasis.” In May 2023, the Attorney General ordered the company to stop selling the new cigarettes, as they were not compliant with the state’s flavored tobacco ban. R.J. Reynolds responded with a typical tactic, launching a lawsuit against the state of California.
When tobacco companies are unsuccessful in their attempts to thwart regulation, they alter their products or introduce new flavor accessories that are not covered by the regulations in order to continue reaching young people. Companies have introduced flavored filters and papers for roll-your-own tobacco, filter tips that can be inserted into specially designed filters and flavored cards that can be inserted into cigarette packs—such as Imperial Brands’ “flavour infusion cards” that come in “menthol chill” and “fresh mint” flavors, which launched in early 2020.
Where the industry is pushing tobacco flavors
New research highlights a concerning uptick in flavored tobacco market share in low- and middle-income countries (LMICs), where 80% of the world’s tobacco users live, and where regulations on flavors are less common.
Researchers noted high use of flavored products in some LMICs, and growing market share in others. Those with high market share (a market share of 20% or more in 2019) included Cameroon, Nigeria and the Philippines, and those whose market share doubled between 2005 and 2019 included Uzbekistan, Bolivia, Egypt, Nigeria, India, Pakistan, Vietnam and Ukraine. Notably, the researchers found links between high market share and industry activities, including marketing and interfering in policymaking.