FLAVORED TOBACCO
Nearly all commercial tobacco products come in a variety of candy, fruit, mint and novelty flavors. Flavored products are especially appealing to youth, who are much more likely to use flavored products than adults. Young people think flavored commercial tobacco products taste better and are safer than unflavored products, even though they are just as dangerous and addictive.
Flavored Tobacco at the Federal Level
Due to the Family Smoking Prevention and Tobacco Control Act of 2009, retailers can no longer sell cigarettes containing flavors other than menthol in the United States. However, other commercial tobacco products such as cigars, chewing tobacco, e-cigarettes/vapes, blunt wraps and shisha are still available in flavors such as bubble gum, mint, strawberry, grape and mango.
These products help the tobacco industry get around the FDA’s 2009 ban of flavored cigarettes and attract more youth to their products. Most young people who use commercial tobacco products report using products that are flavored.
The flavored e-cigarette market has changed dramatically in recent years. While brands such as JUUL dominated the market and ignited the youth use epidemic, JUUL and other similar brands have lost market share while under extreme scrutiny from the FDA. A 2020 nationwide ban of flavored “pods” marked the end of JUUL’s reign.
Today the market is overrun with thousands of “disposable” vapes in myriad flavors with increasing amounts of nicotine. Brands like ElfBar (now EBCreates) and Loon are among the most popular brands among youth. They come in flavors like “Hawaii Punch,” “Blue Razz” and “Strawberry Lemonade”, underscoring the industry’s efforts to appeal to young people.
While thousands of brands, varieties and flavors are available for sale in the United States, almost all flavored e-cigarettes on the U.S. market lack FDA authorization. Until 2024, no flavored e-cigarette device had received an FDA marketing order and only 23 unflavored (tobacco-flavored) vapes received approval.
Unfortunately, in June 2024, the FDA approved four menthol e-cigarette products, including two pods and two “disposable” devices made by NJOY, a subsidiary of the tobacco giant Altria, the makers of Marlboro.
This decision comes on the heels of several delays to the 2021 FDA proposal to ban menthol in cigarettes and all flavored cigars. A federal menthol ban would address public health disparities in commercial tobacco use created by the aggressive marketing of menthol products to African Americans, Indigenous communities, LGBTQ+ people and youth. The rule remains in limbo, and it is unclear when the FDA will complete its rulemaking process and issue its final rule. In the meantime, local leaders continue to work on local and statewide policies that end the sale of all flavored commercial tobacco products, including menthol.
Policy Momentum in Minnesota
State and local governments can adopt laws that restrict or prohibit the sale of flavored commercial tobacco products within their jurisdiction. Limiting the sale of products, setting minimum prices or creating a minimum pack size are some of the ways communities can protect their youth by making flavored commercial tobacco products less accessible and less appealing.
In 2015 and 2016, Minneapolis and Saint Paul became the first cities in Minnesota to restrict fruit- and candy-flavored commercial tobacco products to adult-only stores and set a minimum price for cheap, flavored cigars. Minneapolis' ordinance passed on July 10, 2015, and Saint Paul's passed on January 6, 2016. A majority of Saint Paul residents supported the ordinance.
In 2017, with support from the Minnesota Menthol Coalition, Minneapolis and Saint Paul added menthol to their flavored commercial tobacco restrictions. Fruit-, candy- and menthol-flavored tobacco products can only be sold in adult-only tobacco stores and liquor stores in the two cities.
Since then, many other Minnesota cities have restricted or fully banned the sale of flavored commercial tobacco products. See below for an up-to-date map of flavored commercial tobacco restrictions and prohibitions in MN.
The Ramsey County Board of Commissioners issued a resolution supporting restricting flavored commercial tobacco sales in Ramsey County in 2017. In partnership with Saint Paul – Ramsey County Public Health, ANSR evaluated flavor policies in Ramsey County cities in 2023 and found that flavor policies reduce youth access.
ANSR is proud to be a member of the Minnesotans for a Smoke-Free Generation (MSFG) coalition. One of the coalition's main policy priorities is to prohibit the sale of all flavored commercial tobacco products, including menthol, at the state level. The bills to end the sale of all flavored commercial tobacco products in Minnesota (SF2123/HF2177) have made significant progress in the State Legislature in recent sessions. Visit the MSFG website to learn more about the coalition's statewide flavor policy work and access additional resources.
Minnesota Flavor Policy Map
As of January 2024,
11
Minnesota municipalities have prohibited the sale of all flavored commercial tobacco products, including menthol.
25
Minnesota cities have restricted or prohibited the sale of flavored commercial tobacco products in some manner.
5
Minnesota counties have restricted or prohibited the sale of flavored commercial tobacco products in some manner.
*Click on the map to download as a PDF.
3 Facts to Know About Flavored Tobacco
1. The tobacco industry targets youth with flavored products to encourage addiction.
-
Almost 90% of adults who smoke started smoking as teenagers.
-
Candy- and fruit-flavored commercial tobacco products mask the harsh taste of tobacco and are shown to be attractive to youth.
-
Many of these products are hard to distinguish from candy, gum and breath mints.
-
As one industry official said in internal industry documents, “Flavored products would have appeal in the under-35 age group, especially in the 12-24 group.”
2. Flavored products may not taste like tobacco, but they are just as addictive and dangerous as other commercial tobacco products.
-
Research shows that youth believe flavored commercial tobacco products are less dangerous and less addictive than unflavored tobacco.
-
Commercial tobacco products contain nicotine, a highly-addictive substance known to be detrimental to adolescent brain development.
-
Cigar smoke contains the same toxins as cigarette smoke.
-
Smokeless tobacco causes oral, esophageal and pancreatic cancers.
3. An increasing number of young people are using flavored commercial tobacco products, including menthol.
-
From 2000 to 2014, menthol cigarette use by Minnesota high school students increased from 20% to 44%. By comparison, only 25% of Minnesota adults who smoke use menthol.
-
A recent Minnesota Department of Health (MDH) survey found that nearly 13% of Minnesota kids use e-cigarettes, which come in kid-friendly flavors like gummy bear and cotton candy.
-
According to the Centers for Disease Control and Prevention (CDC), 42% of students who smoke use flavored products.
-
Once kids start using one commercial tobacco product, they are more likely to experiment with others.