Category: Flavors

  • Flavor Bans Threat to EU Smoke-Free Ambitions: Tholos

    Flavor Bans Threat to EU Smoke-Free Ambitions: Tholos

    Image: Arcady

    The Tholos Foundation has launched three white papers exposing the risks of banning flavors in vaping products at an event in Brussels hosted by Parliament Magazine and featuring contributions from Swedish MEP Johan Nissinen. The reports cover the impact of flavor bans in the real world, best practices to educate adult smokers and restrict underage usage, and analyze the public response to the European Commission’s 2023 public consultation.

    Surveys commissioned by the Tholos Foundation and conducted by Ipsos in multiple countries have shown that a significant majority of vapers use flavors other than tobacco to help reduce and quit smoking. Notably, 83 percent of vapers in Germany stated that flavors are crucial in their decision to vape, with similar high percentages reported in Belgium, the Netherlands and Sweden. The research also showed that, in countries where flavors were banned, many vapers went back to smoking or for black market alternative, and reference numerous scientific studies confirming that flavors are essential for the effectiveness of vaping products in smoking cessation.

    With European elections due to take place shortly, the Tholos Foundation believes it is imperative policymakers take heed of voters’ concerns and reject extensive restrictions on smoking alternatives.

    “The evidence is clear: flavors in vaping products are critical to helping smokers quit,” said co-author Tim Andrews in a statement. “Banning flavors will create a black market and drive people back to smoking. Our reports offer an evidence-based approach that combines rigorous law enforcement, education, and technological innovations to reduce underage experimentation while preserving the benefits for adult smokers.

    “With the European elections approaching, it is crucial for policymakers to understand the importance of harm reduction strategies. Our findings support a balanced approach that protects public health and helps smokers transition to safer alternatives.”

    The Tholos Foundation is an international non-governmental organization, affiliated with Americans for Tax Reform, dedicated to advocating for consumers.

  • Judge Allows Ohio Cities to Enact Local Flavor Laws

    Judge Allows Ohio Cities to Enact Local Flavor Laws

    Credit: Promesa Art Studio

    A judge in Ohio has ruled that the state law that prohibits cities from banning flavored tobacco is unconstitutional.

    Franklin County Common Pleas Judge Mark Serrott’s Friday ruling allows bans in Columbus and other cities to stay in effect.

    Columbus City Attorney Zach Klein said in a statement that he applauded the decision, according to media reports.

    He said, “While we know this may not be the end of the fight, this decision is a significant win for both the city of Columbus and for the health and safety of children and families.”

    Columbus, Cleveland, Cincinnati and 11 other cities sued the state back in April.

    The state can appeal the ruling.

  • Spain Urged to Keep Vape Flavors Legal

    Spain Urged to Keep Vape Flavors Legal

    Photo: nyker

    The Independent European Vape Alliance (IEVA) has asked Spain to refrain from banning flavored vapes.

    According to the group, the proposed measure presents several risks.

    “The effective ban of e-liquids in the Spanish market will lead to a boom in black market activities with dangerous, non–compliant products,” the IEVA wrote in a statement.

    In addition, the group warned, it will cause a rise in smoking rates and put at risk more than 3,000 jobs in the Spanish vaping industry, leading to a reduction in government revenues by reducing tax collection.

    The IEVA shared its concerns in a contribution to the public consultation that is currently underway.

  • Oregon Court of Appeals Approves Local Flavor Ban

    Oregon Court of Appeals Approves Local Flavor Ban

    The Oregon Court of Appeals upheld a Washington County ban on flavored tobacco sales.

    Washington County commissioners approved Ordinance 878 in 2022, but it was not enforced because a circuit court judge overturned it.

    In his opinion, Circuit Judge Andrew Erwin wrote that prohibiting the sale of flavored tobacco must come from the state, not the county.

    The county appealed the judge’s decision, and the court found that the county is not preempted by state law. According to Washington County’s website, businesses will be inspected each year to ensure compliance with the ordinance.

    Tony Aiello, Jr., the attorney for the plaintiffs-respondents, released a statement, saying, in part, “My Clients are disappointed with the decision by the Court of Appeals today and intend to seek review by the Oregon Supreme Court.

    “We read the Court of Appeals’ decision to conflict with itself in several places and are optimistic that the Oregon Supreme Court will reach a different conclusion if our case is granted review.”

  • County Judge Halts Ohio Ban on Local Tobacco Laws

    County Judge Halts Ohio Ban on Local Tobacco Laws

    Credit: Promesa Art Studio

    A county judge in Ohio issued a temporary restraining order late Friday afternoon, stopping a state law from taking effect next week that would prevent Columbus, several Franklin County suburbs, Cincinnati, and other Ohio cities from regulating tobacco products, including enacting flavor bans.

    The ruling means the local cities’ bans on selling flavored vaping and other tobacco products will remain in effect for now, according to media reports. However, the move indicates that Franklin County Common Pleas Judge Mark Serrott believes the cities’ case will likely succeed.

    Serrott scheduled a preliminary injunction hearing in the case for May 17.

    Columbus, Cincinnati, and several other Ohio cities filed a lawsuit Tuesday challenging the law created by the Republican-controlled Ohio General Assembly. The cities argue the legislature violated an Ohio constitutional amendment giving cities “home rule” to set their own laws for the good of their residents on certain matters, including on issues of public safety.

    The cities argue the new Ohio law allowing flavored tobacco sales negatively affects the health of Ohioans, particularly of teens increasingly turning to vaping.

    Serrott also noted that while one state law prohibits municipalities from regulating tobacco, another requires a plan to reduce tobacco use by Ohioans. That code emphasizes reducing the use of tobacco by “youth, minority and regional populations, pregnant women, Medicaid recipients, and others who may be disproportionately affected by the use of tobacco.”

    In granting the restraining order, Serrott concluded the cities’ challenge to the constitutionality of the state law is likely to succeed ultimately — although he also acknowledged the state is expected to appeal his final ruling.

  • Lawmakers to Let Vermont Veto of Flavor Ban Stand

    Lawmakers to Let Vermont Veto of Flavor Ban Stand

    Credit: Belyay

    The governor vetoed a bill last week that would have banned flavored vaping and tobacco products in Vermont, and it appears lawmakers won’t override him.

    Gov. Phil Scott expressed concerns about a loss in state revenues. He also argued it would be hypocritical to enact such a ban while Vermont continues to benefit from the sale of flavored cannabis and alcohol products.

    It takes a two-thirds majority in both the House and Senate to override a veto. And while the bill passed both chambers by wide margins, it never met that threshold, according to media reports. This week, Senator Phil Baruth announced on the Senate floor that the chamber would not attempt an override.

    Backers of the legislation, who have pursued the ban for years, say they’ll continue exploring their options.

  • Canada Relaunches Three-Year-Old Flavor Ban

    Canada Relaunches Three-Year-Old Flavor Ban

    Photo: DD Images

    Canada is set to enact a three-year-old flavor ban, according to Vaping360. The regulations were first published in June 2021 in the Canada Gazette but then never went into effect. Now, however, Health Minister Mark Holland has reinvigorated the ban.

    Holland previously worked at Heart and Stroke, where he was the national director of children and youth. “I was with Heart and Stroke when we dealt with the issue of vaping,” he said, “and there were many voices at that time, when information was uncertain, who said, ‘Let this exist as a cessation tool. Don’t take action.’ The result of that, unfortunately, was that the tobacco industry was able to addict a whole new cohort of young people—who had no exposure to nicotine—to something that’s absolutely deadly for their health. It has had very injurious outcomes for our health system.”

    Vaping proponents warned that the measure could backfire. “As presented, Minister Holland’s proposal will not achieve the desired public health objectives and could, on the contrary, seriously harm a significant number of Canadian adult ex-smokers, the Vaping Industry Trade Association (VITA) wrote in a press release.

    “This appears to be a personal legacy project for the Minister of Health, supported strongly by his former peers at the Heart and Stroke Foundation, the Canadian Cancer Society, the Canadian Lung Association and some smaller anti-smoking NGOs [nongovernmental organizations],” said VITA Managing Director Thomas Kirsop.

    The ban would give manufacturers a list of fewer than 100 allowable flavoring ingredients that can only be used to create e-liquid in tobacco, mint and menthol flavors. Sweeteners of any kind would be banned. The regulations will also “prescribe sensory attributes standards to prevent a sensory perception other than one that is typical of tobacco or mint/menthol.”

  • ATR: Scott Veto a ‘Huge Relief’ for Vermont Vapers

    ATR: Scott Veto a ‘Huge Relief’ for Vermont Vapers

    Credit: Carsten Reisinger

    Vermont Governor Phil Scott returned Senate Bill 18, a sweeping ban on flavored tobacco, vapor, and all other nicotine-containing products, without a signature after it passed the Senate 18-11 and the House 83-53. Both fell short of enough votes to override the veto.

    Tim Andrews, director of Consumer Issues for Americans for Tax Reform (ATR), said Scott’s veto is a “huge relief” to Vermonters who rely on vaping products to avoid returning to combustible cigarette use. He also said, “Rejecting the tax hike will make it easier for those who currently smoke to achieve cessation using vapor products, as flavors are proven to be a crucial factor in an adult smoker’s decision to quit.”

    In his veto letter, Scott described S.18 as “hypocritical and out of step with other initiatives that have been passed”. Alongside the double standard of enacting a tobacco flavor ban post the legalization of cannabis (flavored varieties included) in 2020 and state advertisement of flavored alcohol products, the bill also compromises the state’s revenue stability, the ATR wrote in a press release.

    This bill would have resulted in an estimated revenue loss of between $7.1 to $14.2 million in fiscal year 2027. Nearby Massachusetts has already experienced similar consequences as a result of its own flavor ban, seeing a $17 million loss in tobacco tax revenue to New Hampshire, which gained $18 million in revenues as residents drove across the border to purchase flavored products, according to ATR.

  • Vermont Governor Vetos Flavored Vape Sales Ban

    Vermont Governor Vetos Flavored Vape Sales Ban

    Credit: rabbit75 fot

    The governor of Vermont, Phil Scott, has vetoed legislation banning the sale of flavored vaping and tobacco and products in the state.

    Backers of the bill say it would help discourage young people from becoming addicted to tobacco. But Scott described the bill as “hypocritical” because Vermont allows the sale of flavored alcohol and cannabis products. He read part of his veto letter during a press conference in Montpelier, according to media reports.

    “I’ve found people lose faith in government when policies have these types of inconsistencies because they contradict common sense,” Scott said. “Furthermore, from a purely practical point of view, these products will continue to be widely available just across the river in New Hampshire and through online sales.”

    Bill sponsors say they’ll try to secure the votes to override Scott’s veto in the coming weeks. The bill didn’t pass either the House or Senate with veto-proof majorities.

  • Utah Flavor Ban, Vape Registry to Begin Jan. 1, 2025

    Utah Flavor Ban, Vape Registry to Begin Jan. 1, 2025

    Utah state house
    Credit: Tyler Moore

    Utah Gov. Spencer Cox signed a bill Wednesday banning the sale of flavored vape products in the state.

    Senate Bill 61 outlaws the sale of flavored e-cigarette cartridges and disposable devices, specifically targeting flavors such as fruit, candy, dessert, alcoholic beverages, spice, or mint.

    Menthol and tobacco flavors will still be allowed. The ban will take effect on Jan. 1, 2025.

    According to media reports, the Utah bill bans flavored vapes and outlaws the sale of any vape that the U.S. Food and Drug Administration has not authorized.

    Initially, the bill allowed mint as a flavor, but lawmakers later removed it in a late-session agreement.

    Last month, protesters gathered in the capitol rotunda to stand against the bill. Many were adults who said they enjoy using flavored vape products, and some noted that vaping has helped wean them off more damaging cigarettes.