Category: Flavors

Heated Tobacco Flavor Ban Begins on Nov. 23 in EU

The European Union on Nov. 3 published the directive officially banning flavors in heated tobacco product throughout the union, reports TobaccoIntelligence.
The publication follows the end of the scrutiny period on Oct. 29, during which neither the European Council nor the European Parliament raised objections to the ban.
The ban, which covers all flavors except tobacco, officially takes effect Nov. 23. EU member states than have until July 23, 2023, to transpose the rule into national legislation.
In the runup to the ban, critics suggested the European Commission was overstepping its delegated powers by introducing a new legal category – of heated tobacco products.
Some member states raised concerns over whether the Commission was empowered to introduce a definition of a new category of tobacco products in a Delegated Act.
More recently, Bulgaria, Cyprus, Greece and Italy issued a joint statement, saying the introduction of a definition of heated tobacco products “goes beyond the delegated power under Directive 2014/40/EU and involves essential elements reserved for the European legislators and, as such, should be submitted to the ordinary legislative review process.”
November 7, 2022
‘Tobacco’ E-Liquid Flavors Evolving After FDA Ban

E-liquids marketed as tobacco-flavored contain higher levels of sweet and fruit-flavored chemicals today than they did a decade ago, according to a new study published on Nov. 3 in a special supplement to Tobacco Control.
This recent development coincides with the U.S. Food and Drug Administration’s ban on the sale of flavors other than menthol and tobacco in cartridge-based e-cigarettes.
To find out if e-cigarettes marketed as “tobacco flavored” contained sweet and fruit flavor chemicals, researchers drew on an extensive database of e-liquid and aerosol flavor chemicals to identify any trends and changes in chemical composition and levels since 2010-11.
They compared the number and amount of flavor chemicals in 63 “tobacco-flavored” e-cigarette refill fluids purchased between 2011 and 2019 and two popular pod-style e-cigarette brands—Juul and Puff.
They found that tobacco-flavored products purchased in 2010 and 2011 had very few flavor chemicals; overall, the levels of which were generally very low.
Nearly two thirds (63 percent) of the refill fluids bought before 2019 had levels of flavor chemicals below 2 mg/ml, and most (84 percent) were below 5 mg/ml.
But the total number and level of flavor chemicals in “tobacco flavored” refill fluids purchased in 2019 and in Puff Bar Tobacco e-cigarettes, were higher than expected.
Among the 13 refill products bought in 2019, more than half (54 percent) had total flavor chemical levels above 10 mg/ml. Products with total flavor chemicals of more than 10 mg/ml contained 1 to 5 dominant flavor chemicals (each more than 1 mg/ml).
The five most frequently used flavor chemicals in “tobacco flavored” e-liquids were fruity and caramellic: ethyl maltol (sweet or caramel, 60 percent); corylone (caramellic, maple, 44 percent); menthol (33 percent); vanillin (25 percent), maltol and triacetin (fruity, creamy, 24 percent).
Nine sweet and fruit flavor chemicals, used mainly in products bought in 2016 and 2019, were at levels above 2 mg/ml.
The flavor chemical levels for Juul Classic and Juul Virginia were below 0.35 mg/ml, while levels of the individual chemicals were, in most cases, equal to, or less than, 0.05 mg/ml.
Different flavor chemicals were used in the Classic and Virginia products, suggesting these were added intentionally to create distinct tastes for each product, according to the researchers.
Puff “Tobacco,” on the other hand, had 27 different flavor chemicals adding up to a total of 34.3 mg/ml. Individual chemicals ranged from 0.03 to 15 mg/ml.
Four flavor chemicals (vanillin, ethyl maltol, ethyl vanillin and corylone), which were the highest (range 2.07–15 mg/ml), are typically used in sweet-flavored e-cigarette products, such as Dewberry Cream, which is popular with young vapers, note the researchers.
For the dominant flavor chemicals found in both brands, levels of vanillin were 300 times higher in Puff than in Juul, while ethyl maltol was 239 times higher, and corylone 41 times higher.
The total number of flavor chemicals used in Puff Bar Tobacco was greater than those found in nearly all (94 percent) the refill fluids evaluated.
“Concern has been raised previously about the safety of flavor chemicals when inhaled at these high concentrations,” the researchers noted.
“Although these particular flavors are Generally Regarded As Safe by the Flavor Extract Manufacturers Association (FEMA) for ingestion, FEMA has not evaluated them for inhalation toxicity.”
In a press note, the researchers said there were two reason for the FDA to identify and quantify flavor chemicals before authorizing Premarket Tobacco Applications (PMTA). “First, flavor chemicals are often used in e-liquids without safety data at concentrations much higher than those found in other consumer products,” they wrote. “Second, our data show that e-cigarette manufacturers are manipulating e-liquid formulations apparently to circumvent flavor chemical regulations.”
November 4, 2022
California Readies for Tuesday’s Flavor Ban Vote

Credit: PX Media
The nicotine business is bracing for a likely “yes” vote in the Nov. 8 ballot on California’s flavored products ban.
In 2020, California lawmakers passed a ban on all flavored nicotine products—including vapes and cigarettes—except in hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.
Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.
If voters uphold the legislation next week, California will join a number of states that have already prohibited the sale of at least some flavored nicotine products. Massachusetts banned the sale of flavored nicotine products (including menthol) in 2019; New Jersey, Rhode Island and New York have all banned flavored vaping products.
California’s proposed law is unique in that it also bars so-called “flavored enhancers,” preventing a person from buying flavored non-nicotine e-liquid and adding it to flavorless nicotine at home.
Observers expect the California legislation to be approved.
An Oct. 4 poll from the Berkeley Institute of Governmental Studies found that 57 percent of respondents planned to support the flavor ban, whereas just 31 percent would vote “no,” with only 12 percent looking to be undecided.
Supporters of the ban appear to have outspent opponents by a significant margin. By mid-October, the billionaire anti-smoking and anti-vaping activist Michael Bloomberg had provided $15.3 million of the $17.3 million raised by the committee in favor of the ban, according to the San Francisco Chronicle. By contrast, the opposition had raised just over $2 million, almost entirely comprised of donations from Philip Morris USA ($1.2 million) and R.J. Reynolds ($743,000).
Critics worry that, if passed, the ban will spawn a considerable illicit market, as it appears to have done in states that have similar restrictions in place. Massachusetts’ ban on tobacco flavors, for example, appears to have encouraged smokers and vapers to obtain their products in neighboring states.
November 4, 2022
Moraga, Calif. Bans Flavors as State Vote looms

Credit: Steheap
At its meeting this week, the Moraga Town Council approved the second reading of an ordinance that will ban the sale of flavored tobacco as of Jan. 1, 2023.
The vote comes just days before a Nov. 8 vote on a statewide referendum that will ask voters whether or not to keep a statewide ban that was approved in August 2020 but put on hold due to legal challenges.
In addition to the ban on flavored vaping and other tobacco products, the ordinance prohibits the sale of all electronic smoking devices and e-liquids within the town, and prohibits all non-sale distribution of tobacco products, reports Halfwheel.
It also updates laws that require all tobacco sales be assisted by a tobacco retailer, meaning that there can be no self-service displays of tobacco products.
In the ordinance, the town stated that its goal was to reduce access and exposure to these products by younger members of the community, which it believes will promote public health both in minors and adults residing in the town.
The town also sought to align itself with laws adopted by other cities and towns in Contra Costa County. The bill does not affect the sale of non-flavored tobacco products, such as premium cigars.
Moraga is located just over 20 miles east of San Francisco and is home to approximately 17,000 residents.
October 31, 2022
Foster City Again Plans to Ban Flavored Vapes

Foster City, California, plans to ban the sale of flavored tobacco products and e-cigarettes, with the city council to consider an ordinance at its next meeting. The city tabled the bill in August for lack of support.
“I firmly believe this is our opportunity to do right by our children,” Councilmember Sanjay Gehani said.
The council originally only planned to apply an ordinance to flavored tobacco, but a push from Gehani and Vice Mayor Jon Froomin at the Oct. 3 meeting to have a more stringent ban that includes e-cigarettes swayed Mayor Richa Awasthi and Councilmember Patrick Sullivan, according to the Daily Journal.
Staff will also bring back a tobacco resale license ordinance to address violations of the smoking ordinance ban brought. The ordinance, suggested by Froomin, will detail enforcement the city can take for those who defy the ban. Froomin said stringent enforcement was needed to be effective in the community.
The proposed ordinance would apply to convenience stores, grocery stores, gas stations and other businesses.
Cities like Half Moon Bay, South San Francisco, Burlingame, San Carlos, San Mateo and Redwood City have prohibited selling flavored tobacco. The state has passed Senate Bill 793, signed into law in 2020, which calls for tobacco retailers not to sell flavored tobacco products.
However, the state has halted implementation due to a referendum calling for its repeal, stalling a decision. California voters in the November election will vote on the status of SB 793, called Proposition 31.
October 12, 2022
European Vape Alliance Opposes Dutch Flavor Ban

Photo: Wirestock
The Independent European Vape Alliance (IEVA) has expressed concerns about the Draft Amendment of the Tobacco and Smoking Products Order for regulation of e-cigarette flavors presented by the Dutch Ministry of Public Health, Welfare and Sports.
According to the statement submitted by the Dutch authorities, the draft amendment intends to ban flavors other than tobacco in e-liquids in order to “reduce the temptation for young people and former smokers to purchase e-cigarettes.” The measure, authorities note, is “justified by the need to protect public health.”
The proposal also suggest that the Netherlands will be more likely to achieve its objective of a smoke-free generation by 2040 if e-cigarettes are rendered less attractive.
According to the IEVA, the proposed flavor ban is neither proportional nor necessary, as it is too strong a measure for the objective it seeks to achieve and fails the EU requirement that member states choose the means that least restricts the free movement of goods.
The IEVA insists that the ban will boost black market activity and jeopardize tens of thousands of jobs, while leading to a reduction in government revenues by reducing tax collection.
October 4, 2022
China’s Flavor Vape Ban Goes Into Effect on Oct. 1

China’s ban on flavored vapor products takes effect on Oct. 1 along with other new vaping product standards that were decided on earlier this year, reports Vaping360.
In November 2021, Chinese law was amended to bring the vapor industry under control of the State Tobacco Monopoly Administration, which regulates China’s tobacco products.
Vapers are rushing to buy and hoard flavored vapor products before the ban takes effect on Saturday, according to Vaping360. It is not clear yet if the ban will create a large black market in the country; China is known to punish illicit sellers harshly.
Products meant for export will not have to meet Chinese standards unless the destination country does not have its own specific standards.
September 28, 2022
Dutch Comment Period on Flavor Ban Closes Sept. 28

Credit: Michal Soukup
On Sept. 28, the Dutch government’s brief public consultation period for a potential ban of flavored vaping products comes to a close.
The new rule would ban all e-liquid flavors except tobacco and is scheduled to take effect Jan. 1, 2023. However, products already on the market by Dec. 31 can be sold until July 1, 2023.
The Dutch National Institute for Public Health and Environment (RIVM) and Ministry of Health have proposed a list of just 16 ingredients that would be allowed in legal tobacco-flavored e-liquids.
Numerous Dutch vaping industry advocates claim the ingredient restrictions will essentially put all e-liquid manufacturers in the Netherlands out of business.
Since the comment period is open to the public and Dutch e-cigarette advocates are asking for comments from consumers and interested supporters across the globe, even outside of the EU.
Previous efforts to ban flavored vapes in the Netherlands have failed.
September 24, 2022
Washington County, Oregon Flavor Ban Struck Down

Credit: Sang Hyun Cho
Washington County, Oregon’s flavored vaping and tobacco ban has been struck down by a judge who stated that counties in Oregon do not have the authority to enact such measures and that they must come from the state legislature.
On Monday, Circuit Judge Andrew Erwin issued his ruling, noting that while counties can regulate how sales of such products are made, they cannot bar them entirely.
This effectively brings an end to a ban passed by the county’s Board of Commissioners in November 2021 and approved by voters in May 2022 after a petition was filed to put the matter on the ballot.
The ban sought to prohibit the sale of flavored tobacco products and flavored synthetic nicotine, as well as prohibit price promotions, coupons and discounts.
In a written statement issued on Wednesday, the county said that it disagrees with the Court’s ruling and is considering options for an appeal.
Washington County is located directly west of Portland and has a population of around 600,000 people.
September 23, 2022
Study Finds Flavor Bans Failed to Reduce Youth Vaping

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A recently accepted manuscript of an article set for publication in Nicotine & Tobacco Research found that flavored vaping and other tobacco sales restrictions in California did not affect youth e-cigarette use.
Karl Abramson, writing for American for Tax Reform (ATR), says that the findings are prominent because proponents of flavor bans claim that flavored vaping products are the cause of youth vaping, and therefore must be banned.
Researchers analyzed data from the California Healthy Kids Survey to look at e-cigarette use among high-school students in the California Bay Area.
They compared changes in e-cigarette use between 2018 and 2019 among students attending school in a city with a flavored e-cigarette ban and student attending school in a city without a flavor ban.
The researchers concluded that flavored vape bans “did not significantly change” the odds of current and ever e-cigarette use among students.
Local flavor bans in California “were not associated with a change” in e-cigarette use, meaning that the policies that were intended to decrease youth vaping did not accomplish that goal.
“Flavored vape bans are proven to have drastically negative consequences for public health, state finances, and national security,” writes Abramson. According to a study from Yale University researcher Abigail Friedman, a flavor ban in San Francisco led to chances of youth smoking more than doubling.
“Because flavors are essential for adults trying to quit smoking, flavor bans prevent adults from making the lifesaving switch,” he stated. “State finances are impacted by flavor bans as well, like in Massachusetts where a ban on flavored vaping and tobacco products is costing the state an estimated $10 million each month.
“Flavor bans prevent these lives from being saved and are shown to have no impact on youth use. Flavor prohibition is entirely the wrong approach for lawmakers to take with novel reduced-risk nicotine products.”
August 29, 2022