Menthol Ban: One Year Later, Where Are We?

In France, the ban on the sale of menthol cigarettes and rolling tobacco has been in effect since May 20, 2020, as in all European Union (EU) countries. On this occasion, Génération sans tabac is publishing the report "Menthol: one year later, where are we?", an overview of the measure, its effectiveness and its workarounds one year later in France and in EU countries.

The file was produced by the National Committee Against Smoking (CNCT), in support with Smoke Free Partnership (SPF) and International Union Against Tuberculosis and Lung Disease (The Union) with the financial support of the Fund to Fight Addictions.

A delay in implementation that benefited the tobacco industry

The deadline granted to the tobacco industry for the implementation of the measure and the limitation of the ban to cigarettes and rolling tobacco has thus allowed the industry to freely develop the promotion of its new products, particularly heated/grilled tobacco and its vaping products with the recovery of part of the clientele dependent on menthol tobacco. One year after the ban, 7 alternatives to menthol cigarettes (see the full file), subject to aggressive marketing strategies, have been identified in the countries of the European Union.

1. Heated/Grilled Tobacco
2. Other cigarette brands containing menthol residue
3. Accessories (Freshness cards)
4. Cigarillos
5. Electronic cigarettes
6. Other products containing nicotine (nicotine pouches)
7. Other tobacco products (pipe tobacco – shisha tobacco)

Data collected from European members of the Smokefree Partnership coalition has provided an overview of menthol products available in 10 EU countries plus the UK. The data shows that the tobacco industry has rapidly invested in the majority of these markets with its menthol alternatives. One year after the ban, with the exception of Sweden, all countries surveyed have noted the presence of alternatives and their active promotion.

Circumventions implemented in France since the ban

France is no exception to these industry circumventions, where six of the seven alternatives identified are on sale (only nicotine pouches are not available in France) and have been at the heart of the industry's marketing strategies for a year. These circumventions were monitored through monthly observatories at points of sale, in the professional press and online on manufacturers' websites and social networks. It was noted that the industry has strengthened its communication around its new products such as heated/grilled tobacco (IQOS from the manufacturer Philip Morris) and its vaping brands that still offer menthol flavors. Menthol cigarillos and other cigarette brands with menthol residues (which are currently the subject of a investigation by the Directorate General of Health), exempted from the ban, were also presented as alternatives to old brands of menthol cigarettes in tobacconists' shops and promoted by tobacconists.

An incomplete measure that weakens the effectiveness of the measure

The ban actually only concerns tobacco products containing a concentration of menthol likely to give them a "characterizing aroma" at the time of consumption. In addition, other tobacco and nicotine products (heated tobacco, electronic cigarettes) and tobacco-derived products sold separately (flavored paper, etc.) are not affected by the ban.

When the latest EU Tobacco Products Directive was being drafted, the tobacco industry strongly opposed the menthol ban measure. Several strategies were implemented, documented in this dossier. While the industry failed to prevent the measure from being adopted, it did manage to limit its scope: only manufactured cigarettes and rolling tobacco are affected, and the ban's entry into force was delayed (2020 instead of 2016).

The presence of a large number of alternatives also allows the tobacco industry to preserve its market share, but above all to reduce the effectiveness of this public health measure. A recent study has also indicated that the introduction of menthol cigarillos similar to cigarettes in the United Kingdom helps large tobacco companies to circumvent restrictive public health measures aimed at reducing smoking. These products sold at prices much more affordable than traditional cigarettes (often half a packet of cigarettes) reinforce their appeal to consumers, in particular for the most precarious smokers and young people. There is no data available on this subject in France yet, but menthol cigarillos similar to cigarettes are sold at equally attractive prices in France: €5 compared to €10 for a packet of cigarettes.

To access the complete file (PDF)