Home » Chapter 12: Tobacco Products » 12.6 Additives and flavourings in tobacco products » 12.6.13 Regulation of other additives

12.6.13 Regulation of other additives

Last updated: October 2023
Suggested citation: Winnall, WR, & Jenkins S. 12.6.13 Regulation of other additives. In Greenhalgh EM, Scollo, MM and Winstanley, MH [editors]. Tobacco in Australia: Facts and issues. Melbourne: Cancer Council Victoria; 2024. Available from https://www.tobaccoinaustralia.org.au/chapter-12-tobacco-products/12-6-13-regulation-of-other-additives

12.6.13.1 Aims and approaches to regulation of other additives

Aside from menthol and other flavours, there are additives that may increase the attractiveness, addictiveness or toxicity of tobacco products. Added sugars are converted into flavours (see Section 12.6.3.1) but they can also mask the harshness of the smoke. Increased visual appeal can be achieved by manipulating the colours of the product and the emissions, such as making the smoke appear whiter, which implies that it is less polluting. Other additives, such as vitamins, can produce false impressions of health benefits. Additives such as caffeine and taurine may also increase the attractiveness of tobacco products by promoting the perception of ‘boosting energy’. ¹ Whether additives such as caffeine are transferred from the smoke into the blood or have any physiological effect is unknown. Some additives are likely to increase the toxicity of smoke, such as those listed in Table 12.6.3.1.

The partial guidelines from the WHO for implementing Article 9 of the FCTC contain further recommendations on the regulation of contents and emissions for the purpose of reducing the attractiveness of tobacco products. These are: ¹ ^, ²

1) Parties should prohibit or restrict ingredients that have colouring properties in tobacco products. However, Parties should consider allowing the use of colouring agents for tax-related markings or for health warnings and messages. These colours are used to make the product look more appealing, such as colourful products marketed at young people.

2) Parties should prohibit ingredients in tobacco products that may create the impression that they have a health benefit. Examples of these include vitamins, fruit flavours and essential fatty acids.

3) Parties should prohibit ingredients associated with energy and vitality, such as stimulant compounds, in tobacco products. Some examples are caffeine and guarana.

12.6.13.2 International regulation of other additives

There are many examples of countries that have adopted legislation banning specific non-flavouring additives from tobacco products (see Table 12.6.13.1). However, there is little information available on the effects and consequences of these regulations.

European Union

The Tobacco Products Directive of 2014 (TPD2) requires member states to prohibit the sale of tobacco products with: 1) vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks, 2) caffeine or taurine or other additives and stimulant compounds that are associated with energy and vitality, 3) additives having colouring properties for emissions, and 4) additives that facilitate inhalation or nicotine from smoke. ³

There is little information on the extent to which these requirements have been implemented or on adherence. One report from France found that instances of tobacco products containing vitamins were rare. ⁴

Australia

In Australia, fruit and confectionary-flavoured cigarettes are banned, but the current laws do not extend to banning alcohol, vitamins, spices, herbs or vegetable flavours that may give the impression of health benefits, nor stimulants such as caffeine. ⁵

Canada

In Canada, the contents of tobacco products are regulated by law but not their emissions. Banned in cigarettes and most cigars are sugars and sweeteners (excluding starch), amino acids, essential fatty acids, fruits, vegetables or any product obtained from the processing of a fruit or vegetable (excluding activated charcoal and starch), probiotics, vitamins and mineral nutrients, excluding those necessary for manufacturing. ⁶

Other countries

There are many examples of other countries that have passed legislation banning specific additives in tobacco products, as listed in Table 12.6.13.1.

As of 2020, Turkey is reported to be considering legislation that would ban specific additives that increase the attractiveness of tobacco products, as recommended by the FCTC. ⁷ Brazil has passed legislation banning additives with nutritional properties, such as amino acids, vitamins, essential fatty acids and minerals, except for those that are demonstrably essential to the manufacture of the tobacco products. Brazil has also banned fruits, vegetables or any product originating from the processing of fruits and vegetables, except activated charcoal and amides, and additives associated with alleged stimulating or invigorating properties, such as taurine, guarana, caffeine and glucuronolactone, as well as pigments and ameliorants, which reduce the harshness of smoke. ⁸ Ethiopia has passed laws banning additives associated with energy or vitality, that change the colour of tobacco smoke or are associated with a health benefit or reduced health risk, such as vitamins, minerals, and amino acids. ⁹

Table 12.6.13.1 International regulations regarding additives (aside from flavourings) in tobacco products

Country	Term	Definition and prohibited flavours	Tobacco products	Implementation status
Africa region
Cabo Verde	Processing aids Additives Ameliorants Ammonia and all of its compounds	‘Pure substances, extracts, essential oils or balms which have flavoring properties that can confer, intensify, modify, or enhance the taste or smell of the product, including any additives identified as flavoring agents: a) Processing aids to enhance flavoring; b) Additives with nutritional properties, including amino acids, vitamins, essential fatty acids, and minerals, except those that are proven to be essential for manufacturing tobacco-based products; c) Additives that confer color on the product or emissions; d) Additives associated with alleged stimulant or reinvigorating properties, including guarana, taurine, caffeine, and glucuronolactone; e) Additives that, in the form without combustion, have carcinogenic, mutagenic, or toxic properties; f) Pigments or dyes; g) Fruits, vegetables, or any products originated from processing fruits and vegetables, except for activated charcoal and starch; h) Sweeteners, artificial sweeteners, honey, molasses, or any other substance other than sugar that can confer a sweet odor or flavor; i) Spices, aromatic herbs, or any substance that can confer their odor or flavor; j) Ameliorants; and k) Ammonia and all of its compounds and derivatives.’	Tobacco products	Implementation scheduled for August 2022.†
Congo	Ingredients Additives	Also prohibited are flavour capsule cigarettes with characterising flavours or “ingredients associated with energy and vitality, such as vitamins, caffeine, taurine, or others creating the impression that a tobacco product has health benefits or that the health risks are reduced” and ‘additives conferring coloring properties to emissions.’	Tobacco products	Law introduced 2022. Implementation scheduled for 2022.†
Ethiopia	Additives Colourants	‘additives with properties associated or likely to be associated with energy or vitality, a health benefit, or reduced risk, such as but not limited to, amino acids, caffeine, taurine or other stimulants, vitamins, and minerals, or is represented or suggested as containing such additives or as having such properties’…and ‘colorant to change the color of tobacco smoke’.	Tobacco products	Implemented 2015
Mauritania	(Specific) ingredients	- Ingredients that have coloring properties in tobacco products. - Ingredients that create the impression that the product has beneficial health effects.’	‘Tobacco products containing partially or wholly in its composition tobacco leaf.’	Policy restrictions enacted in 2018. †
Senegal	Additives Ingredients	- any additive with properties associated with, or likely to be associated with, a beneficial effect on health, such as vitamins, extracts of fruits and vegetables and essential fatty acids; - any ingredient used to create the impression that the product has beneficial health effects to which minors are particularly sensitive; - any ingredient associated with energy and vitality, notably stimulant components such as caffeine and taurine’.	Tobacco product	Laws passed in 2017 and have been implemented.
Sierra Leone	Additives	‘additives with properties associated facilitating nicotine uptake’.	Tobacco, tobacco products and other nicotine products	Law passed in 2022.†
Uganda	Additives Colouring properties	The regulations prohibit: … (d) a tobacco product that contains additives with properties associated with or likely to be associated with energy or vitality, health benefits or reduced health risks including amino acid, caffeine, taurine, vitamins and minerals (e) a tobacco product that contains colouring properties for emissions.’	Tobacco products	Implemented in 2020.
Americas region
Country	Term	Definition and prohibited flavours	Tobacco products	Implementation status
Antigua and Barbuda	Additives	‘additives with properties associated or likely to be associated with energy or vitality, a health benefit, or reduced health risk, such as but not limited to, amino acids, caffeine, taurine and other stimulants, vitamins, and minerals.’	Tobacco products	Laws introduced 2018. †
Brazil	Processing aids Additives Pigments Ameliorants Ammonia	Prohibited additives include: ‘processing aids for flavorings; III – additives with nutritional properties, including: a) amino acids; b) vitamins; c) essential fatty acids; and d) minerals, except for those that are demonstrably essential to the manufacture of the tobacco products. IV - additives associated with alleged stimulating or invigorating properties, including taurine, guaraná, caffeine and glucuronolactone; V - pigments (or coloring agents); …- ameliorants; and X – ammonia or any of its compounds and derivatives.’	‘Tobacco products containing partially or wholly in its composition tobacco leaf.’	Law passed in 2012. Not implemented yet.
Canada	Additives.	Prohibited are: amino acids, caffeine, colouring agents, essential fatty acids, fruits, vegetables or any product obtained from the processing of a fruit or vegetable (excluding activated charcoal and starch), glucuronolactone, probiotics, spices, seasonings and herbs, sugars and sweeteners (excluding starch), taurine, vitamins, mineral nutrients (excluding those necessary to manufacture the tobacco product).	Cigarettes, Cigars (<6 g), little cigars, blunt wraps (all cigars added in amendment in 2015)	Implemented 5 ^th July 2010
Uruguay	Ammonia	Specified products ‘may not contain any ammonia’.	Cigarettes, cigars, tobacco and other products of similar use, prepared totally or in part by using tobacco leaves as raw material and designed to be smoked, inhaled, sucked, chewed or used as snuff.	Law introduced in 2008.†
Eastern Mediterranean region
Country	Term	Definition and prohibited flavours	Tobacco products	Implementation status
Jordan	Additives	‘The additives used in manufacturing tobacco (combination) must be of the additives permitted in the Flavor and Extract Manufacturers Association, Generally Recognized As Safe list, FEMA GRAS.’	Cigarettes	Law introduced in 2012.†
Europe region
Country	Term	Definition and prohibited flavours	Tobacco products	Implementation status
European Union (27 member states)	Additives	Prohibited additives include: ‘ (a)vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks; (b)caffeine or taurine or other additives and stimulant compounds that are associated with energy and vitality; (c)additives having colouring properties for emissions; (d)for tobacco products for smoking, additives that facilitate inhalation or nicotine uptake; and (e) additives that have CMR properties in unburnt form.’ *CMR properties refers to as carcinogenic, mutagenic or reprotoxic properties.	Cigarettes, roll-your-own, in filters, papers, packages, capsules or any technical features allowing modification of the smell or taste of the tobacco products concerned	Fully implemented in 2020.
Finland	Additives	Prohibited are: ‘2) tobacco products containing additives that are liable to create the impression that the product has a health benefit or presents reduced health risks compared to other tobacco products; 3) tobacco products containing stimulant compounds or other additives that are liable to create an impression of energy and vitality; 4) tobacco products containing additives that have colouring properties for emissions; 5) tobacco products containing additives that have CMR properties in unburnt form’.	Cigarettes and RYO (characterising flavour); tobacco products (additives)	Legislation took effect in 2022 with implementation at the retailer level required by April 2023.†
Germany	Additives	Tobacco products that contain one of the following additives are prohibited: Vitamins or other specified additives that give the impression that a tobacco product may have health benefits or pose lower health risks; Caffeine, taurine or other specified additives and stimulating mixtures that are associated with energy and vitality; Additives that have colouring properties for emissions; Specified additives that facilitate inhalation or nicotine absorption (including menthol); Specified additives that have CMR properties.	Cigarettes and all smoking tobacco products (such as cigarillos or hookah tobacco)	Implemented 2020
Moldova	Additives	Also prohibited are tobacco products which contain: ‘a) vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks; b) caffeine, taurine and other additives and stimulating compounds which are associated with energy and vitality; c) additives having coloring properties for emissions; d) additives that contribute to toxicity or addictiveness, or have carcinogenic, mutagenic or reprotoxic properties in unburnt form; e) in the case of tobacco products intended for smoking, additives that facilitate inhalation or nicotine absorption’.	Cigarettes (including capsules) and roll-your-own tobacco	Scheduled to be implemented in 2020. †
Türkiye (formerly Turkey)	Additives	Prohibited are tobacco products which contain: “a) Vitamins and other additives that give the impression that a tobacco product is beneficial to health or has a lower health risk. b) Caffeine or taurin or other additives and stimulants related to energy and vitality. c) Additives with coloring properties for emissions. ç) Additives that make inhalation or nicotine delivery easier for smoking tobacco. d) Additives with carcinogenic, mutagenic and reprotoxic properties in unburned form.”	Cigarettes (including capsules) and rolling tobacco	Legislated enacted in 2019, which implementation at the retailer level require by 2020. †
Ukraine	Additives	Prohibited are tobacco products which contain: “vitamins or other additives that give the impression that a tobacco product has health benefits or reduces health risks or poses a lower health risk; caffeine, taurine or other additives and stimulants associated with energy and/or vitality; additives that have the ability to make emissions colored; additives that facilitate the inhalation of smoke or the absorption of nicotine; additives having carcinogenic, mutagenic or reproductive toxic properties in unburned form”.	Cigarettes and RYO tobacco.	Scheduled to be implemented July 2023. †
United Kingdom	Characterising flavours (including menthol) and additives.	Prohibited are tobacco products containing: ‘(a) vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks; (b) caffeine, taurine or other additives and stimulant compounds that are associated with energy and vitality; (c) additives which have colouring effects on emissions; or (d) in the case of tobacco products for smoking, additives that facilitate inhalation or nicotine uptake’; and ‘(a) additives that have CMR properties in unburnt form; or (b) additives in quantities that increase, to a significant or measurable degree, the toxic or addictive effect or CMR properties of the product when it is consumed.’	Cigarettes, RYO, filters, papers, packages, capsules etc.	Implemented in 2020

†Information not available to verify if implementation has occurred.

Sources:

Tobacco control laws. Legislation. Find Legislation from 212 Countries and FCTC Analysis of 136 Countries. ¹⁰

Republic of Cape Verde. Law No. 8/X/2022 Defining the General Regime for the Prevention and Control of Smoking, 2022. ¹¹

Republic of the Congo. Order No. 2853 of May 31, 2022 Banning the Manufacture, Import, Distribution, Possession, Sale or Giveaway of Flavor Capsule Cigarettes, Cigarettes with Characterizing Flavors, and Shisha, 2022, Official Gazette of the Republic of the Congo. ¹²

Tobacco Control Directive. No 28/2015. Ethiopian food, medicine and healthcare administration and control authority, 2015. ¹³

Islamic Republic of Mauritania. Law No. 2018-020 concerning the production, importation, distribution, sale, advertising, promotion and tobacco consumption and its products, 2018. ¹⁴

Erinoso O, Clegg Smith K, Iacobelli M, Saraf S, Welding K, et al. Global review of tobacco product flavour policies. Tobacco Control, 2020. ¹⁵

Republic of Senegal Decree. No. 2016- 1008 concerning the implementation of law No. 2014-14 manufacture, packaging, labeling, sale and use of tobacco. ¹⁶

Tobacco and Nicotine Control Act, 2022, 2023. ¹⁷

Tobacco Control Regulations (S.I. 2019 No.66), 2019: The Uganda Gazelle ¹⁸

Antigua and Barbuda Tobacco Control Act 2018, 2018, The Official Gazette Vol. XXXVIII No.No. 69. ¹⁹

Agência Nacional De Vigilância Sanitária (ANVISA – National Health Surveillance Agency). Collegiate Directorate Resolution- RDC N° 14. Diário Oficial da União – Section 1 - N° 53 (Translated). ²⁰

Tobacco Control Laws. Legislation by country: Brazil. Regulated contents in cigarettes. 2019. ⁸

Kyriakos CN, Fong GT, de Abreu Perez C, Szklo AS, Driezen P, et al. Brazilian smokers are ready for the ban on flavour additives in tobacco to be implemented. Preventive Medicine, 2022; 160:107074. ²¹

Oliveira da Silva AL, Bialous SA, Albertassi PGD, Arquete D, Fernandes A, et al. The taste of smoke: tobacco industry strategies to prevent the prohibition of additives in tobacco products in Brazil. Tobacco Control, 2019; 28(e2):e92-e101. ²²

Tobacco Tactics. Flavoured and menthol tobacco. 2022. ²³

Parliament of Canada. Bill C-32 an act to amend the Tobacco Act, chapter 27 of the statutes of Canada, 2009. ²⁴

Government of Canada. Order Amending the Schedule to the Tobacco Act (Menthol). Canada Gazette, 2017. ²⁵

World Health Organization (WHO). Case studies for regulatory approaches to tobacco products: menthol in tobacco products. WHO/NMH/PND, 18.1 Licence: CC BY-NC-SA 3.0 IGO. 2018. ²⁶

Chaiton MO, Cunningham R, Hagen L, Dubray J, and Borland T. Taking global leadership in banning menthol and other flavours in tobacco: Canada's experience. Tobacco Control, 2022; 31(2):202-11. ²⁷

Flavour bans on tobacco products in Canada and selected other jurisdictions. Regulatory update: Physicians for a Smoke-Free Canada, 2020. ²⁸

Ministry of Public Health. Decree No. 284/008 on Regulations under Law No. 18.256, 2008. ²⁹

Jordan Standards and Metrology Organization. Technical Regulation JS 446:2012 (5th ed.), Tobacco and Tobacco Products - Cigarettes, 2012. ³⁰

European Commission. 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. Document 32014L0040.Brussels, Belgium: European Commission, 2014. ³¹

Tobacco Tactics. Menthol Cigarettes: Industry Interference in the EU and UK. 2021. ³²

Finland Tightens Tobacco Laws. Tobacco reporter, 2022. ³³

Ministry of Social Affairs and Health. Tobacco Act (No. 549/2016; amendments up to 1374/2016 included). ³⁴

Verordnung über Tabakerzeugnisse und verwandte Erzeugnisse (Tabakerzeugnisverordnung - TabakerzV), 2016. ³⁵

German Federal Institute for Risk Assessment. No more menthol in cigarettes and smoking tobacco, 2020. ³⁶

Bundesverband der Tabakwirtschaft und neuartiger Erzeugnisse. Ingredients. ³⁷

Republic of Moldova. Law No. 278 dated 12/14/2007 concerning tobacco control* AMENDED LP97 dated 7/26/19, OG 256-259/ 8/16/19 art. 350; effective date: 1/1/20. ³⁸

Tobacco Control Legal Consortium. How Other Countries Regulate Flavored Tobacco Products. 2015. ³⁹

Regulation on the Procedures and Principles Related to the Production Methods, Labeling and Surveillance of Tobacco Products. ⁴⁰

LAW OF UKRAINE. On Amendments to Certain Laws of Ukraine on Public Health Protection from Harmful Effects of Tobacco. 2021.

Tobacco and Related Products Regulations 2016 (S.I. 2016 No. 507). ⁴¹

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12. Republic of the Congo. Order no. 2853 of may 31, 2022 banning the manufacture, import, distribution, possession, sale or giveaway of flavor capsule cigarettes, cigarettes with characterizing flavors, and shisha, 2022, Official Gazette of the Republic of the Congo. Available from: https://www.tobaccocontrollaws.org/legislation/congo/cigarette-contents?row=1224817.

13. Tobacco Control Directive. No 28/2015. Ethiopian food, medicine and healthcare administration and control authority. 2015. Available from: https://www.tobaccocontrollaws.org/legislation/ethiopia/laws

14. Islamic Republic of Mauritania. Law no. 2018-020 concerning the production, importation, distribution, sale, advertising, promotion and tobacco consumption and its products, 2018. Available from: https://www.tobaccocontrollaws.org/legislation/mauritania/laws.

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