Isabella Carter
The Tobacco Control Act of 2009 banned characterizing flavors in combustible cigarette products, except menthol, across the United States. Since then, several states have implemented flavor bans or restrictions on tobacco products, with varying definitions of what constitutes a characterizing flavor. These flavors typically refer to tastes or smells that are not inherent to tobacco, such as fruit, candy, alcohol, and menthol. The goal of these bans is to reduce tobacco consumption, especially among youth, by making cigarettes less appealing and palatable. While the impact of flavor bans is complex and multifaceted, studies suggest that they have been effective in reducing overall tobacco use, particularly among adolescents.
| Characteristics | Values |
|---|---|
| Federal law on tobacco flavor | Prohibits the manufacture of cigarettes with artificial or natural flavors, except tobacco and menthol |
| State laws on tobacco flavor | Vary from broad tobacco product flavor bans to restrictions on specific tobacco products like wrapping papers or electronic nicotine delivery systems |
| Definition of "characterizing flavors" | Tastes or smells, e.g., "crisp" or "refreshing" |
| States with flavor bans | California, D.C., Illinois, Utah, Connecticut, Hawaii, Indiana, Maryland, New Mexico, New York, Oregon, Texas, Vermont, and Washington |
| Impact of flavor bans | Reduced youth smoking, but associated with an increase in menthol cigarette use and other tobacco products |
| Flavored tobacco product definition | A tobacco product that contains a constituent imparting a characterizing flavor, excluding the taste or aroma of tobacco |
| Examples of characterizing flavors | Fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice |
| Penalties for violations | Steep fines, revocation of licenses to sell tobacco products, and suspension/revocation of basic business licenses |
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What You'll Learn
- Federal law prohibits the manufacture of flavoured cigarettes, except tobacco and menthol
- State tobacco flavour bans are tied to characterizing flavours
- Flavour bans may discourage consumers from switching to less harmful alternatives
- Sweet flavours based on fruit, candy, dessert, and liqueur are attractive to younger smokers
- Flavour bans have been associated with reductions in the probability of being a cigarette smoker
Federal law prohibits the manufacture of flavoured cigarettes, except tobacco and menthol
Federal law prohibits the manufacture and sale of flavoured cigarettes, with exceptions for tobacco and menthol flavours. This ban was implemented in 2009 by the US Food and Drug Administration (FDA) to reduce youth smoking and protect public health. The FDA has also proposed a rule to prohibit menthol cigarettes and flavoured cigars, which is expected to decrease smoking rates by 15.1% over 40 years, preventing up to 654,000 deaths.
The definition of a "tobacco flavour" under the federal flavour ban is important to understand. The ban prohibits artificial or natural flavours in cigarettes, except for tobacco and menthol as constituents or additives. However, there is no federal flavour ban for other tobacco products, such as cigars, chewing tobacco, snuff, e-cigarettes, and hookah, which can still be flavoured.
State and local flavour bans vary in their scope and enforcement. Some states have broad tobacco product flavour bans that cover all tobacco or nicotine products, including their components and accessories. Other states have more targeted restrictions, applying only to specific products like wrapping papers or electronic nicotine delivery systems. For example, California's flavour ban includes a broad definition of "characterizing flavour," prohibiting flavours such as menthol, candy, and alcoholic beverages in tobacco products.
The impact of flavour bans on youth tobacco use is mixed. While the 2009 federal flavour ban reduced the probability of cigarette smoking among adolescents, it also led to increased use of menthol cigarettes, cigars, and pipes. Studies have found that sweet flavours, such as fruit, candy, and liqueur, are particularly attractive to younger smokers as they mask the harsh taste of tobacco. Additionally, tobacco companies have designed flavoured products and targeted their marketing towards youth, contributing to higher rates of tobacco use among this demographic.
To address the public health concerns associated with flavoured tobacco products, states and localities have taken various legislative approaches. As of February 2023, at least 10 states have introduced legislation to limit the sale of flavoured tobacco and nicotine products, including menthol-flavoured cigarettes. These legislative efforts aim to reduce the appeal of tobacco products, especially to youth, and improve public health outcomes related to smoking.
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State tobacco flavour bans are tied to characterizing flavours
State tobacco flavour bans are typically tied to "characterizing flavours". California, for instance, prohibits the retail sale of most flavoured tobacco products and tobacco product flavour enhancers. A flavoured tobacco product is defined as a "tobacco product that contains a constituent that imparts a characterizing flavour". Similarly, a tobacco product flavour enhancer is "a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavour when added to a tobacco product". A characterizing flavour is "a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco". Characterizing flavours include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.
The District of Columbia also has a similar ban on flavoured tobacco products, prohibiting the sale, offering for sale, distribution, and purchase of tobacco products that impart a characterizing flavour other than tobacco. Flavoured tobacco components are also prohibited by the ban, which include but are not limited to flavoured rolling papers and filters. Businesses that violate the ban can face steep fines and even revocation of their license to sell tobacco products.
Other states such as Connecticut, Hawaii, Indiana, Maryland, New Mexico, New York, Oregon, Texas, Vermont, and Washington have also introduced legislation to limit the sale of flavoured tobacco and nicotine products. For example, Washington introduced a bill that would empower the Secretary of Health to restrict the sale of any flavoured tobacco product, including menthol products, that may be injurious or pose a risk to public health.
These state tobacco flavour bans are intended to reduce youth smoking and improve public health. The 2009 federal ban on flavoured cigarettes, excluding menthol cigarettes, was associated with a reduction in the probability of being a cigarette smoker and the number of cigarettes smoked by smokers. However, it also led to an increase in the use of menthol cigarettes, cigars, and pipes, highlighting the need for comprehensive flavour bans that include menthol.
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Flavour bans may discourage consumers from switching to less harmful alternatives
Federal law in the US prohibits the manufacture of cigarettes that contain artificial or natural flavors, except tobacco and menthol. However, there is no federal flavor ban for other tobacco products. While the goal of flavor bans is to reduce youth smoking and improve public health, there are concerns that such bans may have unintended consequences and may not be effective in reducing smoking rates.
Flavor bans may discourage consumers from switching to less harmful alternatives, such as cannabis edibles or nicotine pouches. For example, in the case of e-cigarettes, some studies have shown that a complete flavor ban may not be effective in reducing e-cigarette use, as users may continue to obtain banned-flavor e-cigarettes through legal channels or turn to illegal sources. In some cases, flavor bans have been associated with an increase in the use of non-flavored e-cigarettes, which may be seen as a less harmful alternative to flavored e-cigarettes. However, it is important to note that the overall effectiveness of flavor bans in reducing smoking rates is still uncertain, and there are concerns that flavor bans may lead to unintended consequences, such as the creation of black markets and an influx of illegal products.
The impact of flavor bans on consumer behavior is complex and varies across different demographic groups. For example, studies have shown that Hispanics were less likely to quit e-cigarette use in response to a state flavor ban compared to other ethnic groups. Additionally, the impact of flavor bans may differ between adult and youth smokers, with the potential for flavor bans to inadvertently increase youth smoking rates by shifting demand for flavored nicotine products to the black market or to neighboring states that do not have flavor bans in place.
The effectiveness of flavor bans in reducing smoking rates may also depend on the specific type of tobacco product being banned. For example, a ban on flavored e-cigarettes without a concurrent ban on flavored smoked tobacco products may prompt some smokers to return to or increase their use of tobacco products. On the other hand, a ban on menthol cigarettes has been associated with a decline in menthol cigarette use among adolescents, with some individuals quitting smoking entirely within two years of the ban.
Overall, while the intention behind flavor bans is to improve public health by reducing smoking rates, particularly among youth, the impact of such bans may be complex and multifaceted. It is important for policymakers to carefully consider the potential consequences of flavor bans and to implement measures that balance the goals of reducing smoking rates while also providing viable alternatives for consumers seeking to switch to less harmful tobacco products.
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Sweet flavours based on fruit, candy, dessert, and liqueur are attractive to younger smokers
The use of flavored tobacco products among adolescents and young adults is a significant public health concern. Sweet flavors based on fruit, candy, dessert, and liqueur are particularly attractive to younger smokers as they mask the harsh tobacco flavor, making cigarettes more palatable and increasing curiosity about tobacco, especially among teens seeking novel sensations. This preference for sweet flavors over tobacco or menthol flavors has been consistently observed in research, indicating a higher risk of nicotine addiction and cigarette smoking initiation among this age group.
The tobacco industry's targeted marketing of flavored products to young and novice smokers contributes to this issue. In 2008, twice as many adolescents aged 12-17 saw flavored tobacco ads as adults. Consequently, in 2004, there were three times as many 17-year-old smokers using flavored cigarettes in the previous month compared to smokers aged 25 and older. Moreover, the majority of first-time tobacco users reported that their initial experience was with a flavored variety, suggesting that these products may serve as a gateway to long-term tobacco addiction.
To address this problem, federal and state governments in the United States have implemented various measures to restrict flavored tobacco products. The 2009 Tobacco Control Act banned characterizing flavors, except menthol, from combustible cigarette products nationwide. This led to a decrease in youth smoking of combustible cigarettes. However, e-cigarettes, which entered the market in 2007, introduced a range of appealing flavors such as menthol, grape, mango, and bubblegum, attracting younger smokers. In 2022, the FDA proposed a rule to prohibit menthol cigarettes and flavored cigars, anticipating a significant reduction in smoking rates over time.
Despite these efforts, the tobacco industry continues to adapt by introducing concept flavor" cigars and cigarettes with vague descriptors like "crisp" and "refreshing," creating confusion about what constitutes a flavored tobacco product. Additionally, the rise of online sales and the varied landscape of state regulations present challenges to enforcing flavor bans effectively. As a result, further policy interventions and research are needed to address the public health impact of flavored tobacco products on youth smoking initiation and addiction.
The appeal of sweet flavors in tobacco products to younger smokers underscores the need for comprehensive strategies to regulate the tobacco industry's marketing and sale of flavored products. By implementing flavor bans and restrictions, public health officials aim to reduce the attractiveness of these products to adolescents and young adults, thereby decreasing tobacco use and improving overall population health.
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Flavour bans have been associated with reductions in the probability of being a cigarette smoker
In 2009, the Tobacco Control Act banned characterizing flavors other than menthol from combustible cigarette products nationwide. This led to a decrease in the number of youths smoking combustible cigarettes or menthol cigarettes. In 2022, the FDA proposed a rule to prohibit menthol cigarettes and flavored cigars to prevent youth smoking.
Flavor bans have been associated with reductions in the probability of being a cigarette smoker. Data from the 1999–2013 National Youth Tobacco Surveys, with a sample size of 197,834 middle and high schoolers, showed that banning flavored cigarettes was associated with a 17% reduction in the likelihood of being a smoker. The ban was also associated with a 58% decrease in the number of cigarettes smoked by smokers.
However, it is important to note that the ban was associated with an increase in the use of menthol cigarettes, cigars, and pipes. This implies a substitution towards the remaining legal flavored tobacco products. In addition, the ban may not have the intended effect of reducing overall tobacco use, as individuals may switch to using unflavored varieties or other tobacco products.
The impact of flavor bans on tobacco use is complex and multifaceted. While it has been shown to reduce the probability of being a cigarette smoker, it may also lead to an increase in the use of other tobacco products or the emergence of black markets and illegal products. The effectiveness of flavor bans in reducing tobacco use may vary depending on the specific context and the availability of alternative products.
The definition of what constitutes a tobacco flavor under the flavor ban varies depending on the jurisdiction. In the United States, federal law prohibits the manufacture of cigarettes containing artificial or natural flavors, except for tobacco and menthol. However, there is no federal flavor ban for other tobacco products. State tobacco product flavor bans or restrictions are often tied to "characterizing flavors," defined as specific tastes or smells. For example, California, DC, Illinois, and Utah have implemented such bans.
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Frequently asked questions
The flavor ban prohibits the sale, distribution, and purchase of tobacco products with characterizing flavors. This includes flavors such as candy, alcoholic beverages, and menthol.
Characterizing flavors are defined as tastes or smells that are added to tobacco products. These flavors can include fruit, candy, dessert, and liqueur.
No, the flavor ban only applies to cigarettes. Other tobacco products such as cigars, chewing tobacco, e-cigarettes, and hookah can still be sold with characterizing flavors. However, some states have implemented their own flavor bans or restrictions on all tobacco products.
