Ban on flavors for nicotine products is gaining ground in the United States

According to a report by the Truth Initiative[1], restrictions on the sale of flavored tobacco and nicotine products—including all menthol products—are gaining traction at the local and state levels. As of December 31, 2022, 386 local governments and 3 Native American tribes had imposed restrictions on the sale of flavored nicotine products, including 119 with comprehensive policies prohibiting the sale of all flavors for all products.

Cities such as Chicago, Minneapolis, and Washington, DC, as well as the states of California and Massachusetts, have recently enacted restrictions on the sale of flavored e-cigarettes and manufactured menthol cigarettes.

The role of flavors in introducing young people to nicotine products

Truth points out that flavors play a major role in introducing young people to nicotine products (by enhancing the product's taste and appeal, and by masking its harshness). According to a study conducted by the organization, more than 80% of young people who have used a nicotine product report starting with a flavored product, and 97% of young people who vape use flavors. Flavor bans therefore have significant potential to reduce nicotine use among young people.

Furthermore, given the disproportionate use of flavored tobacco—particularly menthol cigarettes—among historically more disadvantaged populations, banning menthol and other flavors in traditional tobacco products has the potential to promote health equity.

The hypothesis of the importance of flavored e-liquids in smoking cessation has not been verified

The Food and Drug Administration (FDA) announced in 2020 that it was banning all fruit-flavored nicotine refills (pods) to limit their use by teenagers, but exempted menthol flavoring from the ban. This ban marked a setback in the aggressive marketing of JUUL (Altria – Philip Morris International), the most popular vaping brand among young people.

In October 2022, the Columbus, Ohio, City Council announced it was considering an ordinance banning all flavored tobacco and nicotine products—including menthol. That same month, JUUL developed a website directly opposing restrictions, let alone flavor bans.[2]The manufacturer then organized a campaign by sending emails to its customer base in the Columbus area with statements urging them to " protect their access to vaping » and to « send an email to their local elected official without delay " to block the ban process. The email also provided links to a digital form allowing users to send a pre-written message from the manufacturer directly to members of the Columbus City Council.

In this form, JUUL presented its vaping products as an "effective alternative" to smoking cessation and emphasized the importance of vaping flavors in smoking cessation. According to the manufacturer, the ban on menthol flavors would lead vapers to resume smoking. However, this claim, according to which the ban on flavors would be accompanied by a return to smoking, has not, to date, been proven.

The FDA recently issued orders refusing to market two Logic (Japan Tobacco International) brand menthol e-cigarettes.[3], explaining that the applications did not include evidence demonstrating that the products were more effective than tobacco-flavored e-cigarettes in promoting “complete cessation” or a “substantial reduction in smoking” among smokers. Similarly, JUUL did not provide sufficient evidence that the potential benefits of its products for adult smokers would outweigh the risks to youth[4].

Keywords: flavors, vaping, e-cigarettes, JUUL, United States, menthol, lobby

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[1] Report, Local restrictions on flavored tobacco and e-cigarette products, Truth Initiative, published February 22, 2023, accessed February 24, 2023

[2] Roberts ME, Patterson JG, Keller-Hamilton BL, et al JUUL and its 'Action Network' attempt to prevent a local flavor ban Tobacco Control Published Online First: 22 February 2023. doi: 10.1136/tc-2022-057869

[3] Commissioner O of the. FDA denies marketing of logic's menthol E-cigarette products following determination they do not meet public health standard. FDA; 2022

[4] Commissioner O of the. FDA denies authorization to market JUUL products. FDA; 2022.