Circumvention of the menthol ban: public authorities open an investigation

The French Health Agency (DGS) has opened an investigation following accusations by British American Tobacco (BAT) against its competitor, Japan Tobacco Industry (JTI). According to the tobacco company, JTI (Camel, Winston), is not complying with the ban on the sale of menthol cigarettes, which came into effect on May 20, 2020, throughout the European Union.[1].

According to British American Tobacco, cigarettes " fresh » proposed by JTI would contain residual levels of menthol. As Pascal Marbois, director of BAT France, points out, these products rely on a legal ambiguity regarding the ban on the sale of menthol cigarettes and rolling tobacco. Indeed, the 2014 European directive, at the origin of this provision, prohibits flavors " characterizing ", and not the residual presence of menthol as such.

Menthol: A powerful additive

This strategy is easily understandable. Beyond being a flavoring agent, menthol is also a powerful additive. Its presence helps reduce the sensation of irritation and the harsh taste of tobacco, and promotes the body's absorption of nicotine. Ultimately, studies on the subject show that menthol cigarette smokers show more pronounced signs of addiction than conventional cigarette smokers.

A persistent technique of the tobacco industry

As Anna B. Gilmore's work shows, this accusation, if proven, remains in line with the tobacco industry's techniques. To oppose regulatory and public health measures and protect its interests, the industry adopts a number of strategies: blocking legislation a priori, increasing implementation delays, canceling measures a posteriori, and circumventing the law.[2].

Tobacco companies have used each of these techniques to oppose the European Union's menthol ban. Philip Morris International alone hired 160 lobbyists to undermine the 2014 directive, notably delaying the ban on the sale of menthol cigarettes until 2020.

To read our file dedicated to menthol, click on this link

Keywords: Menthol, public health, tobacco industry

©Generation Without Tobacco

[1] Tobacco giants suspected of circumventing the ban on menthol cigarettes, BFM, 08/21/2020, (accessed 08/24/2020)

[2] Selda Ulucanlar, Gary J. Fooks, Anna B. Gilmore, “The Policy Dystopia Model: An Interpretive Analysis of Tobacco Industry Political Activity,” Plos Medicine, September 2016

https://doi.org/10.1371/journal.pmed.1002125

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