Menthol: four manufacturers suspected of selling illegal products in France

Four manufacturers are currently suspected of continuing to market cigarettes containing menthol in France, despite the regulations in force throughout the European Union.

According to Le Parisien, the Directorate General of Health (DGS) suspects that around a hundred products currently on sale in France contain menthol. The investigation conducted by the DGS in France should continue in other European Union countries in the coming months.[1].

The identity of the manufacturers involved is still unknown.

The identity of the four tobacco manufacturers that are said to continue to use menthol in their products has not yet been made public by the Directorate General of Health. According to the latter, "this procedure, which involves an adversarial process, is ongoing, and as a result, it is not currently possible to provide specific details on the products and manufacturers concerned."

Semantic ambivalence at the origin of the controversy

Manufacturers are exploiting a regulatory loophole to continue marketing a banned flavour. Indeed, the 2014 European Tobacco Products Directive (TPD) prohibits the sale of manufactured cigarettes and rolling tobacco containing a “characterising” flavour, that is, according to the text of the law, “a clearly identifiable odour or taste other than that of tobacco, originating from an additive or a combination of additives, in particular based on fruits, spices, aromatic plants, alcohol, confectionery, menthol or vanilla […], and which is identifiable before or during consumption of the tobacco product”[2]. Thus, the whole issue remains to determine whether or not the products in circulation are covered by this definition.

Menthol, the cornerstone of cigarette manufacturers' strategy

Menthol is a powerful additive and addictive agent, whose properties have been known to the tobacco industry for at least 70 years. While it is known to be an aromatic agent that facilitates the initiation of tobacco by young people by reducing the acridity and irritant side of smoke, it is also a substance that reinforces the mechanisms of dependence. In particular, menthol has the property of facilitating the absorption of nicotine by the body. In other words, it is a real addiction tool, and reduces the chances of the smoker in his attempts to quit.

[1] The Parisian, Menthol cigarettes: four manufacturers suspected of circumventing the ban, 05/16/2021, (accessed 05/18/2021)

[2] Official Journal of the European Union, Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products, and repealing Directive 2001/37/EC, (Full text, in French)