How the tobacco industry resists menthol bans
This diagram illustrates methods the tobacco industry uses to circumvent or prevent menthol bans, including litigation, lobbying against flavored tobacco product bans, and developing alternative tobacco products to counter the intended impacts. It demonstrates loops where tobacco manufacturers attempt to weaken or delay menthol bans and develop alternative products to retain customers, such as menthol accessories and synthetic coolants. By identifying these tactics, regulators can counter the tobacco industry with a multi-component systems approach at individual, environmental, and policy levels.
Cited references
While products with ambiguous flavor names were also significantly less prevalent in flavor ordinance jurisdictions compared to matched no-ordinance jurisdictions (cigarillo/cigar wraps: 53.9% vs. 78.1%)
Andersen-Rodgers, E., Zhang, X., Vuong, T. D., Hendrix, L., Edora, C., Williams, R. J., Groves, L., Roeseler, A., Rogers, T., Voelker, D. H., Schleicher, N. C., Johnson, T. O., & Henriksen, L. (2021). Are California’s Local Flavored Tobacco Sales Restrictions Effective in Reducing the Retail Availability of Flavored Tobacco Products? A Multicomponent Evaluation. Evaluation Review, 45(3–4), 134–165. https://doi.org/10.1177/0193841X211051873
They did another round of data gathering in Minneapolis (but not St Paul) because compliance with new ban was so bad
Brock, B., Carlson, S. C., Leizinger, A., D’Silva, J., Matter, C. M., & Schillo, B. A. (2019). A tale of two cities: exploring the retail impact of flavoured tobacco restrictions in the twin cities of Minneapolis and Saint Paul, Minnesota. Tobacco Control, 28(2), 176–180. https://doi.org/10.1136/tobaccocontrol-2017-054154
In Minneapolis between rounds 1 and 3, there was a significant reduction in the per cent of stores that sold tobacco with ambiguous flavours names such as ‘TaTa’ and ‘Blue’ (80.5% vs 61.5%)
Brock, B., Carlson, S. C., Leizinger, A., D’Silva, J., Matter, C. M., & Schillo, B. A. (2019). A tale of two cities: exploring the retail impact of flavoured tobacco restrictions in the twin cities of Minneapolis and Saint Paul, Minnesota. Tobacco Control, 28(2), 176–180. https://doi.org/10.1136/tobaccocontrol-2017-054154
In Saint Paul, there was no significant change in the per cent of stores that sold products with ambiguous flavour names (67.6% vs 81.1%).
Brock, B., Carlson, S. C., Leizinger, A., D’Silva, J., Matter, C. M., & Schillo, B. A. (2019). A tale of two cities: exploring the retail impact of flavoured tobacco restrictions in the twin cities of Minneapolis and Saint Paul, Minnesota. Tobacco Control, 28(2), 176–180. https://doi.org/10.1136/tobaccocontrol-2017-054154
In addition, the NYC Department of Finance’s (DOF) Sheriff’s Office regularly inspected tobacco retailers for compliance with the city’s cigarette excise tax, including searches of retailers’ premises for hidden packs of untaxed cigarettes. Stakeholders reported that DOF found flavored cigars hidden with untaxed cigarettes
Brown, E. M., Rogers, T., Eggers, M. E., Cavazos, M. L., O’Brien, M. S., McCrae, T., Farley, S. M., & Schroth, K. R. J. (2019). Implementation of the New York City Policy Restricting Sales of Flavored Non-Cigarette Tobacco Products. Health Education & Behavior, 46(5), 782–789. https://doi.org/10.1177/1090198119853608
No products with ambiguous names or replacement menthol tobacco were observed in the overall sample.
D’Silva, J., Moze, J., Kingsbury, J. H., Lien, R. K., Matter, C. M., Brock, B., & Akom, A. (2021). Local sales restrictions significantly reduce the availability of menthol tobacco: findings from four Minnesota cities. Tobacco Control, 30(5), 492–497. https://doi.org/10.1136/tobaccocontrol-2019-055577
No products with ambiguous names or replacement menthol tobacco were observed in the overall sample.
D’Silva, J., Moze, J., Kingsbury, J. H., Lien, R. K., Matter, C. M., Brock, B., & Akom, A. (2021). Local sales restrictions significantly reduce the availability of menthol tobacco: findings from four Minnesota cities. Tobacco Control, 30(5), 492–497. https://doi.org/10.1136/tobaccocontrol-2019-055577
During the follow-up period, 85.5% of retailers reported that educational visits and 62.2% reported that the MAHB flavoured product guidance list were the most helpful for achieving compliance.
Kephart, L., Setodji, C., Pane, J., Shadel, W., Song, G., Robertson, J., Harding, N., Henley, P., & Ursprung, W. W. S. (2019). Evaluating tobacco retailer experience and compliance with a flavoured tobacco product restriction in Boston, Massachusetts: impact on product availability, advertisement and consumer demand. Tobacco Control, tobaccocontrol-2019-055124. https://doi.org/10.1136/tobaccocontrol-2019-055124
Pack designs and brand descriptors insinuating menthol-like qualities Cigarette pack designs serve as a marketing tool for tobacco companies to influence consumers’ perceptions of taste. Despite a characterising flavour ban, pack design may manipulate smokers’ experience of menthol/non-menthol flavour. After the ban, one pack from Japan Tobacco International (JTI) retained insinuating menthol-like qualities. It retained the brand descriptor ‘Activate’ and an illustration on the package, indicating that the cigarette still had a click-function (figure 3A).
Brink, A.-L., Glahn, A. S., & Kjaer, N. T. (2023). Tobacco companies’ exploitation of loopholes in the EU ban on menthol cigarettes: a case study from Denmark. Tobacco Control, 32(6), 809–812. https://doi.org/10.1136/tobaccocontrol-2021-057213
Since this policy was enacted, and with ample time for a response, the tobacco industry began extensively marketing cigarette varieties with cooling features explicitly labelled such as ‘non-menthol’ at tobacco retailers in California.3 (Note that the term ‘non-menthol’ in the remainder of the manuscript refers to cigarettes explicitly labelled as ‘non-menthol’ vs broadly referring those that are not mentholated.)
Meza, L. R., Galimov, A., Sussman, S., Goniewicz, M. L., Page, M. K., & Leventhal, A. (2023). Proliferation of ‘non-menthol’ cigarettes amid a state-wide flavour ban. Tobacco Control, tc-2023-058074. https://doi.org/10.1136/tc-2023-058074
We categorised packs as ‘menthol replacements’ if they largely maintained the same colour and design as menthol packs sold preban. Among the packs collected preban, all packs labelled as menthol featured green as a prominent colour. Menthol replacement packs continued to display green as a prominent colour. The only change across all menthol replacement packs, when compared to menthol packs purchased preban, was the substitution of the word ‘menthol’ with the descriptor ‘green’
Brown, J., DeAtley, T., Welding, K., Schwartz, R., Chaiton, M., Lawrence Kittner, D., & Cohen, J. E. (2017). Tobacco industry response to menthol cigarette bans in Alberta and Nova Scotia, Canada. Tobacco Control, 26(e1), e71–e74. https://doi.org/10.1136/tobaccocontrol-2016-053099
. Additionally, 87.3% of menthol replacement packs were wrapped in cellophane displaying the phrase ‘smooth taste [redesigned] without menthol’
Brown, J., DeAtley, T., Welding, K., Schwartz, R., Chaiton, M., Lawrence Kittner, D., & Cohen, J. E. (2017). Tobacco industry response to menthol cigarette bans in Alberta and Nova Scotia, Canada. Tobacco Control, 26(e1), e71–e74. https://doi.org/10.1136/tobaccocontrol-2016-053099
None of the 55 stores visited in December 2018 were observed to have Game Blue cigarillos (the 4th and final round of store audits).
Pearlman, D. N., Arnold, J. A., Guardino, G. A., & Welsh, E. B. (2019). Advancing Tobacco Control Through Point of Sale Policies, Providence, Rhode Island. Preventing Chronic Disease, 16, 180614. https://doi.org/10.5888/pcd16.180614
Between the first and last rounds of compliance checks, violations for sale of tobacco to a minor decreased by 12 percentage points to 2%
Pearlman, D. N., Arnold, J. A., Guardino, G. A., & Welsh, E. B. (2019). Advancing Tobacco Control Through Point of Sale Policies, Providence, Rhode Island. Preventing Chronic Disease, 16, 180614. https://doi.org/10.5888/pcd16.180614
In Providence, trends in the percentage of unique explicit-named flavoured cigarillo UPCs (‘sales share’) appear to drop from the prepolicy to the postpolicy period while trends in the share of concept-named and tobacco flavoured cigarillo UPCs appear to increase over these periods
Rogers, T., Gammon, D. G., Coats, E. M., Nonnemaker, J. M., & Xu, X. (2022). Changes in cigarillo availability following implementation of a local flavoured tobacco sales restriction. Tobacco Control, 31(6), 707–713. https://doi.org/10.1136/tobaccocontrol-2020-056229
The number of unique concept-named flavoured cigarillo UPCs increased in both Providence and ROS in the week of policy implementation. Although the total postpolicy difference between Providence and ROS in the number of unique concept-named flavoured cigarillo UPCs was insignificant, the increase in availability of these products from prepolicy to postpolicy periods in Providence was 6.08 (±2.31) UPCs higher than the comparable change in ROS (p
Rogers, T., Gammon, D. G., Coats, E. M., Nonnemaker, J. M., & Xu, X. (2022). Changes in cigarillo availability following implementation of a local flavoured tobacco sales restriction. Tobacco Control, 31(6), 707–713. https://doi.org/10.1136/tobaccocontrol-2020-056229
There was no significant difference in prepolicy share of concept-named flavoured cigarillos between Providence (9.44%,±0.49 percentage points) and ROS (9.68%,±0.99 percentage points), but the postpolicy share of these products was significantly different between Providence (27.32%,±1.77 percentage points) and ROS (12.67%,±1.67 percentage points) (p
Rogers, T., Gammon, D. G., Coats, E. M., Nonnemaker, J. M., & Xu, X. (2022). Changes in cigarillo availability following implementation of a local flavoured tobacco sales restriction. Tobacco Control, 31(6), 707–713. https://doi.org/10.1136/tobaccocontrol-2020-056229
When stratifying by store type, there was a statistically significant greater decrease in any FTP availability among policy-area convenience stores than among comparison-area convenience stores (p
Slater, S., Pugach, O., Rogers, T., Barker, D. C., Ross, A., Tworek, C., Ridgeway, W., Dart, L., & Engstrom, M. C. (2023). Changes in Retail Tobacco Product Availability Following a Chicago City Ordinance Restricting Sales of Menthol and Other Flavored Tobacco Products Near Schools. Health Education & Behavior, 50(5), 693–702. https://doi.org/10.1177/10901981231168872
Table 3 shows the sources of purchase among those who smoked menthol cigarettes compared with those only smoking non-flavoured cigarettes (unweighted data in online supplemental table S5). The main sources were newsagents/off-licence/corner shops and supermarkets. There were no noteworthy differences between the two groups. Most participants reported purchasing through licit sources (for menthol cigarette smoking: 93.9%, 95%CI 92.2% to 95.5%; for non-flavoured cigarette smoking: 93.5%, 95%CI 92.7% to 94.2%).
Buss, V. H., Tattan-Birch, H., Cox, S., Bauld, L., Shahab, L., & Brown, J. (2024). Smoking prevalence and purchasing of menthol cigarettes since the menthol flavour ban in Great Britain: a population-based survey between 2020 and 2023. Tobacco Control, tc-2023-058390. https://doi.org/10.1136/tc-2023-058390
Method: “Menthol Ball' key word was Google searched. Out of 45,500 data retrieved 1696 relevant ones were further investigated. Web sites of the products, e-commerce websites, social media accounts were detected. Their promotional activities, methods of trading were noted. Results: 37 brands of menthol balls were detected. All brands promote their products through videos describing the injection of the tiny menthol balls into the classical cigarettes. Only 12 have their individual website, the other 25 use main e-commerce outlets to reach to the customers. Two menthol ball brands market their products in one-kilogram bags at e-commerce sites. One brand market a 'menthol ball liquid' for roll-your-own tobacco. Three major e- commerce sites sell 1485 different flavored menthol balls under the category of air refresher. One other e-commerce site sold 88 various menthol balls under the category of tobacco bags.
Dagli, E., Pece Sonmez, U., Guner, M., Elbek, O., Ay, P., Yildiz, F., Gezer, T., & Ceyhan, M. (2022). Curcumventing the Menthol Ban: Internet sales of menthol balls. 06.03 - Tobacco, Smoking Control and Health Education, 1434. https://doi.org/10.1183/13993003.congress-2022.1434
Results: Out of 198 POS visited 31 sell a product called 'menthol ball'. These were tiny colorful balls of menthol mixed with other various aromas that are sold together with an instrument that stab the end of a standard cigarette and insert the ball into the cigarette.
Dagli, E., Pece, U., Guner, M., Yildiz, F., Elbek, O., Ay, P., Gezer, T., & Ceyhan, M. (2022). New Product at Point of Sales : Menthol ball. 06.03 - Tobacco, Smoking Control and Health Education, 1428. https://doi.org/10.1183/13993003.congress-2022.1428
Participants in the green (OR=1.74, 95% CI 1.13 to 2.70), menthol cigarette ban (OR=3.40, 95% CI 2.14 to 5.41) and all menthol ban conditions (OR=3.14, 95% CI 1.97 to 5.01) were more likely to purchase a cigarette brand different from their usual than participants in the no ban condition (table 4).
Guillory, J., Kim, A. E., Nonnemaker, J. M., Bradfield, B., Taylor, N. H., Dutra, L., & Feld, A. (2019). Effect of menthol cigarette and other menthol tobacco product bans on tobacco purchases in the RTI iShoppe virtual convenience store. Tobacco Control, tobaccocontrol-2019-054997. https://doi.org/10.1136/tobaccocontrol-2019-054997
Participants in the green (OR=1.74, 95% CI 1.13 to 2.70), menthol cigarette ban (OR=3.40, 95% CI 2.14 to 5.41) and all menthol ban conditions (OR=3.14, 95% CI 1.97 to 5.01) were more likely to purchase a cigarette brand different from their usual than participants in the no ban condition (table 4).
Guillory, J., Kim, A. E., Nonnemaker, J. M., Bradfield, B., Taylor, N. H., Dutra, L., & Feld, A. (2019). Effect of menthol cigarette and other menthol tobacco product bans on tobacco purchases in the RTI iShoppe virtual convenience store. Tobacco Control, tobaccocontrol-2019-054997. https://doi.org/10.1136/tobaccocontrol-2019-054997
Participants in the green replacement condition (OR=1.75, 95% CI 1.23 to 2.51) were more likely to think cigarettes labelled as green contained menthol than participants in the no ban condition
Guillory, J., Kim, A. E., Nonnemaker, J. M., Bradfield, B., Taylor, N. H., Dutra, L., & Feld, A. (2019). Effect of menthol cigarette and other menthol tobacco product bans on tobacco purchases in the RTI iShoppe virtual convenience store. Tobacco Control, tobaccocontrol-2019-054997. https://doi.org/10.1136/tobaccocontrol-2019-054997
Correct recall of green versus menthol cigarette ads in the green and no ban conditions, respectively, did not differ between the two conditions (OR=0.83, 95% CI 0.60 to 1.17).
Guillory, J., Kim, A. E., Nonnemaker, J. M., Bradfield, B., Taylor, N. H., Dutra, L., & Feld, A. (2019). Effect of menthol cigarette and other menthol tobacco product bans on tobacco purchases in the RTI iShoppe virtual convenience store. Tobacco Control, tobaccocontrol-2019-054997. https://doi.org/10.1136/tobaccocontrol-2019-054997
All participating countries reported a range of flavour accessories on their markets, regardless of their different levels of tobacco product flavour regulation (table 2).
Havermans, A., Pauwels, C. G. G. M., Bakker-’t Hart, I. M. E., Fayokun, R., Van Nierop, L. E., Hellmich, I. M., & Talhout, R. (2024). Across the world availability of flavour accessories for tobacco products. Tobacco Control, tc-2023-058255. https://doi.org/10.1136/tc-2023-058255
As tobacco accessories sold separately are excluded from the legislation, companies have been introducing various menthol-flavoured accessories. Imperial launched menthol34 and capsule35 RYO filter tips in mid-2017 and January 2019, respectively.
Hiscock, R., Silver, K., Zatoński, M., & Gilmore, A. B. (2020). Tobacco industry tactics to circumvent and undermine the menthol cigarette ban in the UK. Tobacco Control, tobaccocontrol-2020-055769. https://doi.org/10.1136/tobaccocontrol-2020-055769
Extracts of Newport Non-Menthol Green and Newport Non-Menthol EXP cigarettes activated cold/menthol receptors at higher dilutions (33X each) than extracts of reference Newport menthol cigarettes (10X), and with higher efficacies (24% and 54%, respectively) (Figure, A). Camel Crisp–branded cigarettes also produced cooling activity, whereas Kool non-menthol cigarettes did not (Figure, B and C). Chemical analysis identified WS-3 (1.0-2.4 mg per cigarette) in 4 of the 9 non-menthol brands (Table). No other cooling agents or menthol was detected in any of the non-menthol products. Filter capsules of all Camel Crush non-menthol varieties contained vanillin (0.14 ± 0.02 mg), ethyl vanillin (0.25 ± 0.02 mg), and smaller amounts of anethole, linalool, acetophenone, and γ-octalactone. Discussion|These results suggest that some tobacco products marketed in California and Massachusetts after a ban on menthol cigarettes contained a synthetic cooling agent,WS-3.WS-3 was restricted to non-menthol brands (Newport, Camel) marketed by R.J. Reynolds. Extracts ofWS-3–containing brands activated cold/menthol receptorswith higher efficacies thanmenthol reference products, indicating these cigarettes can generate strong cooling sensations.
Jabba, S. V., Erythropel, H. C., Anastas, P. T., Zimmerman, J. B., & Jordt, S. E. (2023). Synthetic Cooling Agent and Other Flavor Additives in “Non-Menthol” Cigarettes Marketed in California and Massachusetts After Menthol Cigarette Bans. JAMA, 330(17), 1689. https://doi.org/10.1001/jama.2023.17134
Zyn Chill extract robustly activated the cold/menthol receptor TRPM8, even at 20-fold dilution, indicating the presence of a cooling agent (figure 1A).
Jabba, S. V., Erythropel, H. C., Woodrow, J. G., Anastas, P. T., O’Malley, S., Krishnan-Sarin, S., Zimmerman, J. B., & Jordt, S. E. (2023). Synthetic cooling agent in oral nicotine pouch products marketed as ‘Flavour-Ban Approved.’ Tobacco Control, tc-2023-058035. https://doi.org/10.1136/tc-2023-058035
We detected the synthetic cooling agent, WS-3, in cigarettes of several of the newly California-marketed “non-menthol” cigarette brands.
Jordt, S. E., Erythropel, H. C., Yang, A. Y., O'Malley, S., Krishnan-Sarin, S., Zimmerman, J. B., & Jabba, S. V. (2023). Synthetic Cooling Agents in California-Marketed" Non-menthol" Cigarette Brands Introduced After the State’s Menthol Ban. In A104. NOVEL INSIGHTS ON CANNABIS, TOBACCO, AND E-CIGARETTE USE (pp. A2633-A2633). American Thoracic Society.
While in itself this was not a concern, a story by newspaper Folha de São Paulo50 suggested that such a large number of comments aimed to delay the process of analysis of public comments and, consequently, the release and implementation of the proposed resolution. Analysis of documents obtained through access of information law69 revealed that: 1. The TI printed its own form for submitting contributions, containing filling instructions, to protest against the proposed regulation. Two thousand of these forms were blank when delivered. 2. Thousands of forms were mailed from Rio de Janeiro, according to the postmark, however the addresses on the forms were from other states. 3. Five hundred forms were sent without any identification and only contained a statement against the proposed draft. 4. In some cases, ANVISA contacted the signatory to seek clarification on the comment submitted, and was told by the supposed signatory that they had never participated in the process. 5. In one case, the person indicated that they were at an event, was requested to sign the public comment form, but indicated that he was led to believe that the form was some type of survey research. 6. Some of the addresses submitted on the forms were non-existent. These finding indicate that these comments, and the massive participation in the public consultation, were likely coordinated by TI as a strategy to delay the conclusion of the process
Oliveira Da Silva, A. L., Bialous, S. A., Albertassi, P. G. D., Arquete, D. A. D. R., Fernandes, A. M. M. S., & Moreira, J. C. (2019). The taste of smoke: tobacco industry strategies to prevent the prohibition of additives in tobacco products in Brazil. Tobacco Control, 28(e2), e92–e101. https://doi.org/10.1136/tobaccocontrol-2018-054892
According to public references, the bill proponent had received campaign donations from Alliance One (R$100 000) and five cars from Souza Cruz (British and American Tobacco in Brazil) to donate to charities.
Oliveira Da Silva, A. L., Bialous, S. A., Albertassi, P. G. D., Arquete, D. A. D. R., Fernandes, A. M. M. S., & Moreira, J. C. (2019). The taste of smoke: tobacco industry strategies to prevent the prohibition of additives in tobacco products in Brazil. Tobacco Control, 28(e2), e92–e101. https://doi.org/10.1136/tobaccocontrol-2018-054892
In 2011, the Getúlio Vargas Foundation (FGV for the name in Portuguese) published a study,49 funded by TI and groups linked to the TI90 (according to the publication—SINDITABACO— Interstate Tobacco Industry Union, FETAG—Federation of Agricultural Workers in Rio Grande do Sul; FETAESC—Federation of Agricultural Workers of the State of Santa Catarina; STIFA—Union of Workers in the Tobacco and Food Industries of Santa Cruz do Sul and Region; CNTUR—National Confederation of Tourism; ABRASEL—Brazilian Association of Bars and Restaurants), concluding that the prohibition of additives would bring no public health benefits while it would negatively affect the production of burley-type tobacco and increase illicit trade.49
Oliveira Da Silva, A. L., Bialous, S. A., Albertassi, P. G. D., Arquete, D. A. D. R., Fernandes, A. M. M. S., & Moreira, J. C. (2019). The taste of smoke: tobacco industry strategies to prevent the prohibition of additives in tobacco products in Brazil. Tobacco Control, 28(e2), e92–e101. https://doi.org/10.1136/tobaccocontrol-2018-054892
While in itself this was not a concern, a story by newspaper Folha de São Paulo50 suggested that such a large number of comments aimed to delay the process of analysis of public comments and, consequently, the release and implementation of the proposed resolution. Analysis of documents obtained through access of information law69 revealed that: 1. The TI printed its own form for submitting contributions, containing filling instructions, to protest against the proposed regulation. Two thousand of these forms were blank when delivered. 2. Thousands of forms were mailed from Rio de Janeiro, according to the postmark, however the addresses on the forms were from other states. 3. Five hundred forms were sent without any identification and only contained a statement against the proposed draft. 4. In some cases, ANVISA contacted the signatory to seek clarification on the comment submitted, and was told by the supposed signatory that they had never participated in the process. 5. In one case, the person indicated that they were at an event, was requested to sign the public comment form, but indicated that he was led to believe that the form was some type of survey research. 6. Some of the addresses submitted on the forms were non-existent. These finding indicate that these comments, and the massive participation in the public consultation, were likely coordinated by TI as a strategy to delay the conclusion of the process"
Oliveira Da Silva, A. L., Bialous, S. A., Albertassi, P. G. D., Arquete, D. A. D. R., Fernandes, A. M. M. S., & Moreira, J. C. (2019). The taste of smoke: tobacco industry strategies to prevent the prohibition of additives in tobacco products in Brazil. Tobacco Control, 28(e2), e92–e101. https://doi.org/10.1136/tobaccocontrol-2018-054892
Differential packaging was observed only with the use of ‘non-menthol’ flavour descriptors among CA brands, rather than ‘menthol’ among NY brands (figure 1).
Page, M. K., Paul, E. E., Leigh, N. J., Meza, L. R., Galimov, A., Sussman, S., Leventhal, A., O’Connor, R. J., & Goniewicz, M. L. (2023). Still ‘Cool’: tobacco industry responds to state-wide menthol ban with synthetic coolants. Tobacco Control, tc-2023-058149. https://doi.org/10.1136/tc-2023-058149
CA Camel Crush-silver and blue logo types have replaced expressed ‘menthol’ with implied ‘oasis’ descriptors (figure 1E,F).
Page, M. K., Paul, E. E., Leigh, N. J., Meza, L. R., Galimov, A., Sussman, S., Leventhal, A., O’Connor, R. J., & Goniewicz, M. L. (2023). Still ‘Cool’: tobacco industry responds to state-wide menthol ban with synthetic coolants. Tobacco Control, tc-2023-058149. https://doi.org/10.1136/tc-2023-058149
Retailers were warned that they would be subject to permit suspension and/or administrative penalties if they did not come into compliance and were offered the opportunity to self-certify compliance by notifying the Department by text message when they had eliminated flavoured tobacco product sales and display. Routine inspections, which included the possibility of citations, started in April 2019. The SFDPH issued 83 Notices of Correction and 4 Notice of Violations between April 2019 and December 2019. Between January 2019 and December 2019, compliance was 80%.
Vyas, P., Ling, P., Gordon, B., Callewaert, J., Dang, A., Smith, D., Chan, B., & Glantz, S. (2021). Compliance with San Francisco’s flavoured tobacco sales prohibition. Tobacco Control, 30(2), 227–230. https://doi.org/10.1136/tobaccocontrol-2019-055549
The proportion of packs with green as a prominent pack colour declined in the postban sample (pre: 87.5% vs post: 17.4%; p≤0.001), whereas the proportion with blue as a prominent colour increased (pre: 6.3% vs post: 43.5%; p=0.012)
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Similarly, postban secondary filter tip colours were less likely to be green (pre: 93.8% vs post: 13%; p≤0.001) and more likely to be blue (pre: 6.3% vs post: 47.8%, p=0.006).
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Postban brands were more likely to have a colour descriptor as part of their variant name (pre: 6.3% vs post: 52.2%, p=0.003), with blue being the most common descriptor.
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Postban brands were more likely to have a colour descriptor as part of their variant name (pre: 6.3% vs post: 52.2%, p=0.003), with blue being the most common descriptor.
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
‘Menthol’ was not observed on postban packs, however, it was found on the cellophane of four (12.1%) packs, labelling them as non-menthol alternatives (‘Smooth taste redesigned without menthol’).
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
‘Menthol’ was not observed on postban packs, however, it was found on the cellophane of four (12.1%) packs, labelling them as non-menthol alternatives (‘Smooth taste redesigned without menthol’).
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Postban brands were also more likely to have ‘Smooth’ as a taste descriptor (pre: 6.3% vs post: 56.5%, p=0.002).
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Consistent with traditional menthol findings, postban brands were more likely to have colour descriptors as part of their variant name (pre: 7.1% vs post: 64.3%, p=0.002), with blue the most common
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Consistent with traditional menthol findings, postban brands were more likely to have colour descriptors as part of their variant name (pre: 7.1% vs post: 64.3%, p=0.002), with blue the most common
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Postban, neither ‘menthol’ nor ‘capsule/convertible’ was observed on packs, with the exception of three products identified as non-capsule alternatives via their cellophane (‘Your Pall Mall. Now without convertibles’).
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Similarly, descriptors highlighting freshness or cooling sensation were not observed on postban packs; only one pack highlighted the consumer’s ‘choice’ to change the cigarette’s taste.
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
In both samples, the majority of postban packs and secondary filter tip colours were blue and blue/silver, respectively.
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
In both samples, the majority of postban packs and secondary filter tip colours were blue and blue/silver, respectively.
Borland, T., D’Souza, S. A., O’Connor, S., Chaiton, M. O., & Schwartz, R. (2019). Is blue the new green? Repackaging menthol cigarettes in response to a flavour ban in Ontario, Canada. Tobacco Control, 28(e1), e7–e12. https://doi.org/10.1136/tobaccocontrol-2018-054454
Those who used menthol cigarettes tended to have a lower educational attainment, have a longer smoking history, were more likely to smoke daily, more likely to solely obtain their product from local retailers
Yang, Y., Lindblom, E. N., Ward, K. D., & Salloum, R. G. (2022). How Smokers of Menthol Cigarettes and Flavored Cigars Might Respond to FDA’s Proposed Bans. Nicotine and Tobacco Research, 24(10), 1645–1653. https://doi.org/10.1093/ntr/ntac078
