Use of synthetic agents in nicotine pouches in the United States to circumvent flavor regulations

The use of the "Flavor Ban Compliant" label on certain Zyn brand nicotine pouches disguises the use of synthetic cooling but flavorless agents, with the supposed aim of circumventing U.S. flavor-defining regulations.

The ban on menthol flavorings in cigarettes and cigars was adopted in the United States on April 29, 2021, but should still take several years before becoming effective at the federal level. Some states (California, Massachusetts, etc.) and localities (386 local authorities as of December 31, 2022) have, however, anticipated this legislation and have already banned these flavors, including in electronic cigarettes, snuff[1] and snus[2]. These local regulations do not currently apply to nicotine pouches.[3] (pouches), which do not contain tobacco.

Noting the appearance of statements such as “Complies with the ban on flavorings” ("Flavor-ban approved") or “without flavors” ("unflavored") on certain references of nicotine pouches of the Zyn brand, a team of researchers conducted a study on the chemical composition of these products[4]It has highlighted the presence of synthetic cooling agents in some of these nicotine pouches.

Presence of synthetic refreshing agents

The researchers tested two Zyn nicotine pouches labeled "Flavor Ban Compliant" or "Flavor Free" (Zyn Chill and Zyn Smooth) against other menthol products from the same brand (Cool Mint, Peppermint, Spearmint, and Menthol). They first subjected these products to calcium microfluorimetry analysis, followed by gas chromatography analysis.

These analyses revealed the presence of WS-3, an odorless synthetic cooling agent derived from menthol, in Zyn Chill nicotine pouches, as well as in the nicotine pouches of the Zyn Peppermint and Zyn Spearmint brands. This synthetic agent was not found in the Zyn Smooth brand product reference.

The particularity of WS-3 is to activate the TRPM8 receptors (sensation of coolness or menthol) and TRPA1 receptors (irritation by menthol), while reducing the sensation of irritation typical of menthol. Zyn Chill nicotine pouches were thus more effective than those of Zyn Cool Mint (+39 %) and Zyn Peppermint (+53 %) in activating TRPM8 receptors, thus confirming the presence of a menthol agent; on the other hand, they activated TRPA1 receptors less strongly, and therefore produced less irritation than the other two brands.

A possible loophole in the regulation on flavors

The cooling effect of mint was amply demonstrated as a facilitator of the initiation and maintenance of tobacco addiction, in that it reduces the harsh sensation caused by tobacco smoke. This observation has led tobacco manufacturers for several decades to strongly promote mentholated tobacco and nicotine products.

The prospect of an eventual ban on flavors, and particularly menthol flavors, is said to have pushed Swedish Match, the manufacturer of Zyn, which was acquired by Philip Morris International (PMI) in December 2022, to anticipate this legislation by using labels suggesting products do not contain flavors. However, despite these labels, the researchers' results clearly show that a cooling agent simulating the effect of menthol was added to the product.

These synthetic cooling agents have been recognized as chemical flavorings by the Flavor Extracts Manufacturers Association (FEMA), a tobacco industry organization dedicated to evaluating the safety of flavors. This cannot be ignored by the manufacturer Swedish Match/PMI.

Already widely used in the e-cigarette sector, these synthetic agents had not yet been reported in the nicotine pouch segment. They appear as potential loopholes in the regulation of flavors, as tobacco manufacturers have already designed several methods to circumvent this type of regulation.

To learn more about nicotine pouches, read our decryption.

Keywords: nicotine pouches, cooling agents, menthol, Zyn, Swedish Match, PMI.

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[1] Snuff. [2] Tobacco pouches that are placed between the gum and the lip. [3] Nicotine pouches that are placed between the gum and lip, often confused with snus. [4] Jabba SV, Erythropel HC, Woodrow JG, et al. Synthetic cooling agent in oral nicotine pouch products marketed as 'Flavour-Ban Approved', Tobacco Control, Published Online First: 28 June 2023. doi: 10.1136/tc-2023-05803.

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