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
†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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