“Conceptual flavors” to circumvent vaping product regulations

The makers of the BIDI® Stick disposable e-cigarette brand have just introduced "concept flavors" in the United States, changing the names of their many flavors to allusive brand names. According to researchers at the Truth Initiative, this move is part of a push to restrict the sale of flavored disposable e-cigarettes.[1].

Conceptual flavors pose a challenge for the enforcement of restrictions on flavored tobacco and nicotine products because they make it more difficult for regulators to legally define and discern a flavored tobacco and nicotine product.

A tactic similar to that of the tobacco industry

In many countries, tobacco manufacturers have introduced "concept flavors"[2], that is, nicotine products in packaging that includes a descriptor that does not directly name a fruit, food, beverage, or spice, but suggests a taste or sensation other than tobacco. There is deliberate ambiguity regarding taste or smell - such as the "Ibiza Sunset" (fruit), "Velvet Fusion Blast" (mint/red berries) cigarette packs from the manufacturer Philip Morris.

The manufacturer BIDI® Stick for example, opted for the names “Marigold” (formerly Icy Mango), “Artic” (formerly Mint Freeze) and “Solar” (formerly Berry Blast) or even “Winter” to replace Lush Ice.

The company's new flavor names aren't limited to e-cigarettes. BIDI® Vapor has also launched tobacco-free nicotine pouches in six non-characteristic flavors (Arctic, Haze, Winter, Solar, Regal, and Summer). As with their disposable e-cigarettes, flavor translations are provided on the manufacturer's website and are included in smaller print on the product packaging.

A subtle way to weaken regulations

The decision, which the manufacturer says is aimed at preventing the use of its products by young people, was widely publicized on the brand's social media through campaigns and was highlighted on the website where a table presents these new flavors alongside their old equivalents.

Figure 1 - Screenshot from the manufacturer's official website

 

The manufacturer's website describes the new product names as part of the company's "efforts to oppose the sale of vaping products to minors" and "ensure that the products are not appealing to young people." Researchers have a different interpretation of the situation and believe that the shift to uncharacteristic flavor names while maintaining identical wording is a literal interpretation of the regulation, not its spirit, and is intended to circumvent it in order to continue marketing the manufacturers' flavored products.

A loophole in the law on the ban on flavored products

Disposable e-cigarettes have gained popularity following their exemption from federal regulations on flavored e-cigarettes in early 2020.[3]In 2020, their consumption increased sharply among e-cigarette users in high school (from 2.4 % to 26.5 %) and among e-cigarette users in middle school (from 3 % to 15.2 %)[4].

Accounting for nearly a quarter of the disposable e-cigarette market in the United States, BIDI sticks are the second best-selling disposable e-cigarette, behind Puff Bar.

This circumvention practice highlights the possibility for manufacturers, in the event of partial bans, to easily circumvent the provision and thus continue to develop their sales.

Keywords: United States, Disposable e-cigarettes, flavors, youth, ban ©Generation Without Tobacco

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[1] Truth Initiative, Disposable e-cigarette's vague new flavor names attempt to evade regulation, July 7, 2021, accessed July 8, 2021 [2] Erinoso O, Clegg Smith K, Iacobelli M, et al Global review of tobacco product flavor policies Tobacco Control 2021;30:373-379. [3] FDA finalizes enforcement policy on unauthorized flavored cartridge-based e-cigarettes that appeal to children, including fruit and mint, US Food and Drug Administration, January 2, 2020, accessed July 8, 2021 [4] Wang TW, Neff LJ, Park-Lee E, Ren C, Cullen KA, King BA. E-cigarette Use Among Middle and High School Students — United States, 2020. MMWR Morb Mortal Wkly Rep 2020;69:1310–1312. DOI: http://dx.doi.org/10.15585/mmwr.mm6937e1external icon. National Committee Against Smoking |