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. Download Flavored Tobacco Factsheet Flavored Tobacco Factsheet Citations 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. ​ Menthol Ban Fact Sheet 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.

Association for Nonsmokers-Minnesota Our Core Commitments: To protect young Minnesotans from a lifetime of addiction; To ensure that all Minnesotans can breathe clean, smoke-free air everywhere; and Reduce health inequities and other disparities in relation to commercial tobacco, nicotine and other drugs. The Association for Nonsmokers-Minnesota is a membership organization. Become an ANSR member to support our continued efforts. Donate Donate Our experienced staff are dedicated to protecting Minnesotans from the harms of commercial tobacco, nicotine and other drugs. Our Team Our Team Mission ANSR is dedicated to reducing the human and economic costs of commercial tobacco use in Minnesota. Learn more about our mission here. ​ Mission Live Smoke Free ​ LEARN MORE Prevention Programs LEARN MORE Policy Initiatives LEARN MORE Minnesota History LEARN MORE LATEST NEWS May 1 Minneapolis City Council Passes Price Discounting Ordinance The Minneapolis City Council passed a comprehensive amendment to the city’s tobacco ordinance on April 25, 2024. Dec 14, 2023 Dec. 13, 2023 Named ‘Jeanne Weigum Day’ in Saint Paul The Saint Paul City Council named December 13, 2023 ‘Jeanne Weigum Day' to celebrate Jeanne’s decades-long dedication to Saint Paul. Nov 15, 2023 Donate to ANSR this Give to the Max Day Making a donation to ANSR on Give to the Max Day is a powerful way to stand up for the health of Minnesotans. 1 2 3 4 5 Get Involved TODAY! Protecting the next generation from the harms of commercial tobacco starts with community members like you! Sign Up POLICY ISSUES Flavored Tobacco MN Flavor Policy Map Menthol Tobacco Electronic Cigarettes Tobacco Price Discounting Environmental Impact Tobacco-Free Spaces Tobacco 21 RESOURCES MPRC Tobacco 101 Stop Sales To Minors Free Signage Retailer Compliance Project WATCH Smoke-Free Housing Tools for Schools Toolkit

TECHNICAL ASSISTANCE Minnesota Technical Assistance National Technical Assistance Minnesota Technical Assistance ANSR provides technical assistance (TA) to grantees in Minnesota working on projects through the Minnesota Department of Health's Commercial Tobacco-Free Communities, Statewide Health Improvement Partnership and Youth E-Cigarette Prevention and Cessation Initiative grants. A NSR provides TA and training to grantees for commercial tobacco-specific policy areas and general skills development through various methods, including: individual consultation via in-person, phone, email or video conversations; group trainings via conference calls, webinars, lunch-and-learns, presentations or workshops; and providing materials and other resources for commercial tobacco -specific areas, general policy development or skills developmen t . Grantees Served Statewide Health Improvement Partnership (SHIP) Commercial Tobacco-Free Communities (CTFC) Youth E-Cigarette Prevention and Cessation Initiative (YEPCI) Strategy Expertise Commercial tobacco- and smoke-free policies Tobacco control Smoke-free housing Tobacco-free campuses Point-of-sale/retail environment Smoke-free foster care and/or child care Tobacco-free or smoke-free outdoor spaces (parks and recreation, transit stops, healthcare sites, etc.) Population-Specific Expertise Urban, suburban and rural populations Black, African American, Hispanic/Latino, Asian and Native American populations 2SLGBTQ+ populations Youth and young adults Adults over 60 Persons with mental illness and/or experiencing substance misuse Foundational Skill Expertise Community Engagement Advocacy/community mobilization Coalition building and sustaining Partnership/leadership development Identifying and developing key relationships Asset and power mapping Leading and facilitating effective meetings Building teams Assessment, Planning & Evaluation Assessment or survey development Strategic planning Evaluation planning Evaluation tool development Continuous program improvement (quality improvement) Understanding of Policy, Systems & Environmental Change (PSE) General PSE knowledge and skills Policy development and analysis Policy implementation guidance Communications Communications tools and planning Earned and paid media campaigns Factsheet/material development Branding Effective messaging Identifying and using success stories Meet the TA Team Jeanne Weigum President Email Jeanne Contact Jeanne for: Questions about state-level tobacco control work General policy strategy assistance Inquiries about the history of tobacco control Emily Anderson Director of Policy Email Emily Contact Emily for: Assistance with outdoor air policy work (parks, grounds, campuses, etc.) Information about menthol tobacco Point-of-sale policy development and implementation Community outreach and coalition building tips Preparation for meetings and public hearings with decision makers Community assessment Youth engagement tools Kara Skahen Program Director, Minnesota Prevention Resource Center Email Kara Contact Kara for: Technical assistance to property owners, property managers, and public health professionals Smoke-free housing community assessments and data tracking Policy implementation in affordable, market rate, and common interest communities Housing industry outreach and engagement Resident outreach and engagement Creation and utilization of educational materials Molly Schmidtke Policy and Technical Assistance Manager Email Molly Contact Molly for: Point-of-sale policy advocacy assistance Community outreach and coalition building help Youth engagement and advocacy best practices Resource development Information about the environmental impacts of commercial tobacco Planning for meetings with decision makers Community assessments Public hearing organization Katie Engman Program Director, Policy & Compliance Email Katie Contact Katie for: Commercial tobacco-free policy adoption and implementation at schools Help reaching out to decision makers and organizing public hearings Point-of-sale policy advocacy Community outreach, youth engagement and coalition building best practices Development of new resources Planning for meetings with decision makers Community assessments Alex Eberhart Community Outreach Coordinator Email Alex Contact Alex for: Smoke-free property signage Resident outreach and engagement Smoke-free housing resources for property, managers, renters, and common interest communities Social media content and best practices Technical Assistance Resources Available These are examples of available resources for grantees. Click to view and download. Factsheets Electronic Cigarettes Factsheet (PDF) Hookah Factsheet (PDF) Little Cigars Factsheet (PDF) Swiss Cheese Prevention Model (PDF) Sign Order Forms E-Cigarette School Sign Order Form Tobacco-Free Property Sign Order Form Smoke-Free Window Cling Order Form Smoke- & Tobacco-Free Grounds Signage Templates 2023 MYTS Highlights Factsheet (PDF) Toolkits and Trainings Build Your Quit Kit (PDF) Environmental Impact Toolkit Tools for Schools Toolkit K-12 Schools Policy Guide (PDF) More Information Flavored Commercial Tobacco Minnesota History of Tobacco Control Project WATCH Industry Monitoring Price Discounting Point of Sale Assessment & Engagement Tool (PDF) Stop Sales to Minors Retailer Training Tobacco 101 Curriculum National Technical Assistance ANSR’s boots-on-the-ground experience and commitment to best practices prepares us to assist tobacco programs at all levels of need and expertise. ANSR will help you accomplish your goals whether you’re taking your first steps toward educating your community about the harms of commercial tobacco, working on smoke-free multi-unit housing or developing cutting-edge point-of-sale policies. We tailor our approach to meet your needs and can customize a contract for you from our wide menu of services. ​ Contact us at ansrmn@ansrmn.org to learn more about our fee-for service model. Example of Past National TA Project: Clean Air for All ANSR was awarded a grant from the Robert Wood Johnson Foundation in March 2018 to support public housing agencies (PHAs) nationwide with implementation of the U.S. Department of Housing and Urban Development’s Smoke-Free Public Housing Rule. With this grant, ANSR created Clean Air for All: The Smoke-Free Public Housing Project, a partnership between our Live Smoke Free program and the National Association of Housing and Redevelopment Officials (NAHRO). Clean Air for All provided resources, technical assistance and a variety of training opportunities to public health agencies and PHAs in all 50 states, with a focus on 13 Tobacco Nation states where smoking rates are high and there are fewer resources to support tobacco prevention. Clean Air for All created a Smoke-Free Public Housing Compliance and Enforcement Toolkit (pictured right) that was distributed to 436 stakeholders in 34 states. ANSR's Live Smoke Free team can work with you to build a smoke-free housing compliance and enforcement toolkit for your state or region. Visit the Live Smoke Free website to learn more.​

Minneapolis, Minn.  – The Hennepin County Board of Commissioners showed strong leadership in protecting the health and safety of its residents on Feb. 10. The board voted 6-1 to prohibit electronic cigarette use in most public indoor spaces. The ordinance update means the use of electronic cigarettes is not allowed anywhere conventional cigarette use is also not allowed, such as work places, restaurants and bars. “Smoking is the leading cause of preventable death and disease in Minnesota, and this change is a necessary step in protecting the right of Minnesotans to breathe clean air,” said Commissioner Marion Greene, the champion of the ordinance. “We are also committed to health for our youngest populations. Nicotine is addictive, affects youth brain development. E-cigarette flavors are heavily targeted to youth and normalize smoking behavior.” This ordinance change helps protect the general public from exposure to electronic cigarette emissions, which are known to contain ingredients that are harmful to human health.  Further, this ordinance upholds a smoke-free norm and protects youth from exposure to these products, which is important given that electronic cigarettes are becoming popular with high school students. The recent Minnesota Youth Tobacco Survey, released in November, shows 28 percent of high school students have tried e-cigarettes, and 13 percent have used or tried them in the past 30 days. Nearly a quarter of those who have tried e-cigarettes have never tried conventional tobacco products. “This is a huge win for public health and the people of Minnesota,” said Betsy Brock, Research Director for the Association for Nonsmokers-Minnesota (ANSR). “Hennepin County is our state’s most populated county and an economic engine for the region. This policy will protect many residents and workers. Our hope is other counties and cities, and eventually the state, will follow Hennepin’s lead.”

July 1, 2022 Commissioner Robert M. Califf M.D. c/o Division of Dockets Management HFA-305 Food and Drug Administration 5630 Fishers Lane, Room 1061 Rockville, MD 20825 Re: Proposed tobacco product standard eliminating menthol as a characterizing flavor in cigarettes Docket No. FDA-2021-N-1349 Dear Commissioner Califf, On April 28, 2022, the U.S. Food and Drug Administration proposed an historic rule to prohibit menthol as a characterizing flavor in cigarettes. The Association for Nonsmokers-Minnesota (ANSR) from Saint Paul, Minnesota is pleased to submit these comments to the U.S. Food and Drug Administration in strong support of the proposed product standard prohibiting menthol as a characterizing flavor in cigarettes, which will reduce youth smoking, save lives, and advance health equity. The proposed rule will have an enormous public health impact both in the short and long term. Founded in 1975, ANSR is a 501(c)(3) nonprofit organization dedicated to reducing the human and economic costs of commercial tobacco use. ANSR is Minnesota’s oldest nonprofit dedicated solely to tobacco control and has a proven track record of passing bold tobacco control policies. Our core commitments are to reduce the number of young smokers, combat health inequities, and advocate for the health of all Minnesotans and have a strong history of collaboration with diverse partners and community groups to advance policy change at the city, county, and state level. ANSR has led efforts in several cities across the state to restrict or end the sale of menthol and all flavored tobacco products. While the decision is long overdue, this action is a powerful and crucial step toward mitigating some of the disparities in health outcomes for minority communities in our state, especially among Black Minnesotans. Prohibiting menthol cigarettes would decrease tobacco-related health disparities and advance health equity, especially among Black Americans. Menthol cigarettes have caused substantial harm to public health, and particularly to Black Americans. For more than 60 years, the tobacco industry has targeted Black Americans with marketing and price promotions for menthol cigarettes,¹ and as a result, 85% of Black smokers smoke menthol cigarettes compared to 29% of White smokers.² Consequently, Black Americans are less likely to successfully quit smoking ³ and suffer disproportionately from tobacco-related disease and death. ⁴ Despite accounting for 12% of the population, Black Americans represented 41% of premature deaths caused by menthol cigarettes between 1980 and 2018.⁵ In addition to youth and Black smokers, preference for menthol is also disproportionately high among Hispanic and Asian smokers, lesbian, gay, and bisexual smokers, smokers with mental health problems, socioeconomically disadvantaged populations, and pregnant women.⁶ Importantly, the proposed product standard is expected to substantially decrease tobacco-related health disparities and to advance health equity across population groups. Smoking remains the leading cause of preventable disease and death in the United States.⁷ Prohibiting menthol cigarettes, which are more difficult to quit than non-menthol cigarettes, will reduce this burden by increasing smoking cessation.⁸ A research study led by the African American Leadership Forum in 2016 found that U.S.-born African Americans confirm menthol tobacco is a serious threat to their health with 84% of surveyed smokers smoke a brand that is menthol and 72% of surveyed smokers agreed menthol makes it harder to quit. The 2016 research also showed that a majority of African American community members support new laws to reduce tobacco’s harm with 69% of surveyed smokers supporting more laws to reduce the harms of smoking and 60% of surveyed smokers said they would quit if menthol was no longer sold in stores. This data clearly illustrates that removing menthol and flavored tobacco from the marketplace will address health disparities caused by Big Tobacco’s lethal tactics. Racism is a public health crisis. Clearing the market of menthol and all flavored products will directly improve the health of Black communities and other groups targeted by Big Tobacco. Menthol makes smoking easier and more attractive for youth. Menthol makes experimentation easier because it can mask irritation from smoking. Menthol flavoring makes it easier for kids to start smoking and harder for adults to quit.⁹,¹⁰ Menthol tobacco products appeal to youth. More than a third of Minnesota adolescent smokers (34 percent) report smoking menthol cigarettes, compared to 28 percent of Minnesota adult smokers.¹¹, ¹² There is more that can be done to prevent youth from becoming addicted to commercial tobacco products and the predatory practices of the tobacco industry. There is local support and momentum for menthol restrictions. In Minnesota, 17 cities have passed strong ordinances to restrict or end the sales of menthol tobacco products. ANSR has created and led the community-driven campaign, Beautiful Lie Ugly Truth ( www.beautifullieuglytruth.org ), to engage with communities that have been disproportionately impacted by tobacco use and encourage decision makers to pass comprehensive policies to reduce access to menthol tobacco products, Since 2017, ANSR has worked with some of the biggest cities in the metro area such as Minneapolis, Saint Paul, Bloomington, Edina and Roseville to pass some of the first comprehensive restrictions on the sale of all menthol-flavored tobacco products in the country. These cities have successfully adopted and implemented restrictions to sell menthol tobacco products and substantially reduced access and availability of these products. The number of outlets selling menthol tobacco products decreased by 76% in Minneapolis and 62% in St. Paul.¹³ There are several more municipalities that continue to show support for comprehensive regulation of menthol tobacco products in their communities. Prohibiting menthol as a characterizing flavor in cigarettes will help to reduce the tremendous toll of tobacco in Minnesota:¹⁴ High school students who smoke: 3.2% (9,300) Additional kids (under 18) who become new regular, daily smokers each year: 1500 Adults in Minnesota who smoke: 13.8% (598,500) Adults who die each year in Minnesota from their own smoking: 5900 Kids alive in Minnesota today who will ultimately die from smoking: (given current smoking levels): 102,000 Annual health care expenditures in Minnesota directly caused by tobacco use: $$2.51 billion The FDA has proposed that this rule would take effect one year after the final rule is issued. Given the number of lives that the rule would save, the Association for Nonsmokers-Minnesota strongly urges the FDA to act more quickly to get the final regulation in place. In the proposed rule, it is apparent that the FDA is considering exempting heated cigarette products like iQOS or so-called Very Low Nicotine (VLN) cigarettes from this rule. Given the potential harm of these products, it is critical that they not be exempted from the proposed standard. Finally, the proposed rule indicated that the FDA is considering establishing a process by which a manufacturer could request an exemption from the standard for a particular product on a case-by-case basis. The Association for Nonsmokers-Minnesota strongly discourages any exemptions to ensure the strongest possible public health benefit from the final rule. Respectfully, Jeanne Weigum ,Director Association for Nonsmokers-Minnesota Download PDF with citations

Saint Paul’s new commercial tobacco ordinance prohibits the redemption of coupons that make products like this accessible to youth by keeping prices low. SAINT PAUL (6/13/2022) – Cents-off coupons and tobacco specials are a thing of the past under Saint Paul’s recently implemented commercial tobacco ordinance. An April survey found that all of Saint Paul’s tobacco retailers are complying with that part of the ordinance which went into effect on December 11, 2021. The ordinance has multiple provisions including a prohibition on the redemption of coupons and price promotions for all commercial tobacco and vaping products and a $10 minimum price for cigarettes and smokeless tobacco. Saint Paul’s ordinance is considered to be the most comprehensive in the nation in terms of reducing access to commercial tobacco products. The new ordinance aims to make commercial tobacco products less accessible to young people by keeping prices high. It also protects communities that have been historically targeted by tobacco industry marketing such as youth, Black, Indigenous, Asian, Latino, and LGBTQ communities. According to the Association for Nonsmokers – Minnesota (ANSR), the ordinance is exceeding expectations. ANSR recently collaborated with community partners to assess retailer compliance and found 100% compliance with the coupon provision of the ordinance. Among the 146 tobacco retailers that were included in the assessment, only two were found in violation of the minimum price provision.  “This ordinance is the first in the country to stop price promotions and price discounts on chew, cigarettes and vape products.  The tobacco industry uses price promotions to tempt consumers and it undermines people’s efforts to quit.  They spend more money temporarily reducing the price of tobacco than on any other type of advertising or promotion, $7.7 billion in 2016, nearly $900,000 every hour,” said Jeanne Weigum, ANSR President.  ANSR attributes the high compliance rates, in part, to tobacco retailer education. Early in 2022, ANSR worked with the City of Saint Paul’s Department of Safety and Inspections to provide notification letters, signs, and an educational guide to all tobacco retailers to ensure they were aware of the provisions of the new ordinance. “I’m proud that St. Paul has successfully implemented one of the strongest tobacco ordinances in the country. A lot of work and collaboration with partners went on behind the scenes to ensure that this ordinance does its job: to protect communities that have been historically targeted by the tobacco industry and reduce health disparities for years to come. Our vendors are doing a good job complying and we appreciate it,” said Council President Amy Brendmoen.  Public health advocates hope that other Minnesota cities will follow Saint Paul’s lead to adopt strong tobacco ordinances. Most recently, the Little Canada City Council voted unanimously on May 25, 2022 to end indoor sampling at tobacco shops and to cap tobacco licenses at zero meaning no new tobacco licenses will be issued in the city; however, current tobacco retailers can retain their licenses. Other Minnesota cities, including Saint Paul, have caps on tobacco licenses; however, Bloomington and Little Canada are the only cities with a cap at zero.