"Tobacco- and nicotine-free" cigarettes at the center of health and regulatory concerns

An article published in Tobacco Control warns of the appearance in the United States of combustible cigarettes marketed as being free of tobacco and nicotine, but potentially containing a nicotine analogue.[1]. These products, marketed under the Choice Smokes brand, could escape certain American regulations while exposing users to risks of addiction and toxicity that are still poorly understood.

A product presented as a "tobacco and nicotine free" cigarette«

Tobacco-free cigarettes, sometimes called "herbal cigarettes," are generally made from plant materials, such as hemp, tea, or other herbs, to which flavorings and texturizing agents may be added. Because they lack nicotine, they are usually considered non-addictive, even though burning them produces harmful substances.

In May 2026, the authors discovered a product called Choice Smokes on an American website. Manufactured and marketed by Signature Brands of America LLC, a company registered in Florida, the cigarettes are offered in both classic and menthol flavors under the name "ercigs," short for "Ersatz Cigarettes," meaning substitute cigarettes. The website claims the product offers an experience comparable to that of a cigarette, while being made from "alternative tobacco." The brand also asserts that its cigarettes eliminate the harmful substances associated with tobacco products. Finally, the slogan prominently features: "No tobacco taxes. No regulation."«

However, the researchers point out that the analysis data published by the company shows significant levels of combustion products and other harmful or potentially harmful substances.

A nicotine analogue at the heart of the questions

Although the manufacturer claims that Choice Smokes contains neither tobacco nor nicotine, its marketing materials indicate the presence of NOVARA, presented as a nicotine substitute providing "the same enjoyment." According to the authors, the available evidence suggests that NOVARA corresponds to 6-Methylnicotine, or 6MN. This molecule is a nicotine analog: its chemical structure is similar to that of nicotine, but not identical. 6MN was studied in industrial research on nicotine derivatives between the 1960s and 1980s. In recent years, it has been found in some e-cigarette liquids and in nicotine sachets sold under several names, including "Metatin," "NoNic6," and "Imotine." The analyses published online by the company only confirm the absence of traditional nicotine. They do not specify whether the product contains 6MN, and if so, at what concentration. Nor do they look for certain potentially toxic compounds resulting from its transformation, such as carcinogenic nitrosamines.

The preclinical studies cited by the researchers suggest that 6MN could be even more potent than nicotine on certain nicotinic receptors in the brain. They also report neurotoxic and lethal effects in experimental models. While these results do not allow for a direct measurement of the product's effects in humans, the authors argue that they warrant an independent toxicological evaluation.

A particular risk for young people

Choice Smokes is sold at a significantly lower price than traditional cigarettes. The website offers a carton of ten packs for $45 (€39), or $4.50 (€4) per pack, which is not taxed as a tobacco product. By comparison, the average price of a pack of cigarettes in the United States is estimated at $10.15 (€9), with significant variations between states. Furthermore, the website is accessible to people aged 18 and over, while the legal age to purchase tobacco products in the United States is 21.

According to the authors, the low price, availability to those 18 and older—when age verification systems are functioning properly or are nonexistent—the absence of taxation, and the option of choosing a menthol flavor could facilitate access to these products for teenagers and young adults. They also fear the arrival of fruit- or candy-flavored versions, which could increase the appeal of these cigarettes to young people. The presence of a potentially potent nicotine analogue could then combine the characteristics of a new combustible product with those of an addictive substance.

A potential regulatory loophole that states are trying to address

In the United States, the Food and Drug Administration (FDA) regulates tobacco products. Federal legislation includes products made from tobacco or containing nicotine from any source and intended for human consumption. However, the regulatory definition of nicotine remains narrow. It primarily refers to the classic nicotine molecule, whose chemical formula differs from that of 6MN. Manufacturer representatives therefore argue that products containing a nicotine analog, but not nicotine in the strict sense, fall outside the FDA's jurisdiction over tobacco products. According to the authors, this interpretation could allow some manufacturers to market nicotine products outside the federal regulatory framework.

The marketing of Choice Smokes could also pose a problem in states that have adopted restrictions on menthol cigarettes. The brand offers a menthol version, while California and Massachusetts, along with several dozen other American municipalities, have banned the sale of menthol cigarettes. The authors believe that combustible cigarettes containing 6MN could circumvent these bans if the regulations only target cigarettes containing traditional tobacco or nicotine.

The same risk would apply to regulations designed to limit the nicotine content of combustible cigarettes. The FDA has proposed a standard aimed at significantly reducing the nicotine yield of certain cigarettes. Products containing an analogue not covered by the regulatory definition could, in theory, escape this limitation.

These products could also undermine efforts to establish a "tobacco-free generation". In certain American territories, these measures are similar to what has been put in place the Maldives and the United Kingdom These provisions are based on the prohibition of selling tobacco products to people born after a certain date. If cigarettes containing nicotine analogues are not legally classified as tobacco products, they may not be covered by these provisions.

States are beginning to react, however. California has amended its legislation to classify nicotine analogs as tobacco products. In Indiana, a law passed in 2025 will ban nicotine analogs and make their sale a criminal offense. In Europe, the European Commission recently indicated that products containing nicotine analogs fall under the Tobacco Products Directive (TPD). Some countries have also taken specific measures: Sweden has banned the sale of inadequately labeled products, while the Netherlands has prohibited the sale of certain categories containing 6MN.

The authors argue that manufacturers should not be able to use differences in the chemical definition of nicotine and its analogues to circumvent public health regulations. They call on authorities to quickly clarify the legal status of these products, mandate independent testing, and implement rules regarding age limits, taxation, labeling, flavorings, and advertising.

However, this problem is much broader than just that of conventional cigarettes. Electronic cigarettes and nicotine pouches containing 6MN have recently been spotted in Australia and Europe., knowing that these new nicotine products are much more attractive to young people than traditional cigarettes[2]. Faced with this evolving situation, public health actors such as the National Committee Against Smoking (CNCT) want the definition of nicotine to be broad enough to cover all its present and future variants.

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[1]Seidenberg A., Jabba SV, Goniewicz ML, et al., Combustible tobacco-free cigarettes containing a nicotine analogue: a dangerous design to counter smoking regulations?, Tobacco Control, published on August 3, 2026, accessed on September 3, 2026

[2]Sigaretten met nicotinevervanger om wet te omzeilen, TabakNee, published on September 3, 2026, accessed the same day

National Committee Against Smoking |