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Eliminate Flavored Products

Flavored commercial tobacco products are particularly harmful because they’re easier to start and harder to quit. The tobacco industry adds flavors, like menthol and fruit, to mask the harshness of the product and to attract youth.

For years, the tobacco industry has strategically promoted flavored products to entice new users and to target specific communities, who now suffer higher commercial tobacco use rates, health impacts, and premature death.

Most flavored cigarettes were removed from the market in 2009 by a federal law, but the law failed to prohibit the sale of menthol cigarettes and other flavored products, like e-cigarettes, hookah, cigarillos, and cigars.

Our Focus

Washington Breathes envisions a state free of menthol and all other flavored commercial tobacco products. We provide education on the benefits of ending the sale of these products and work to build an equitable prevention and cessation infrastructure that supports commercial tobacco-free communities.

| Read our position statement Menthol & Flavored Tobacco Products (2024) |

Data Snapshot

  • Nearly 80% of high school and middle school students who used tobacco products reported using a flavored product in the past 30 days.1

  • The most commonly used flavor types among high school students were fruit (73.1%), mint (55.8%), menthol (37%), and candy/desserts/other sweets (36.4%).2

  • Flavored tobacco use is higher in younger adults (72.7%) than in older adults (28.6%).2
  • Nearly 9 in 10 (88.5%) Black/African American smokers ages 12 and older use menthol cigarettes.3

  • In 2019, 77% of Native Hawaiian/Pacific Islander and 4/5 Asian adult smokers reported using a menthol brand.20

  • Menthol use is also common among Hispanic/Latine young women (age 18-34) and LGBTQ+ people.4

Flavored Products On the Market

The commercial tobacco industry uses flavors and marketing to entice kids and teens to their products. Research shows that flavors and advertising play a significant role in the appeal and initiation of tobacco and vapor products, especially among youth and young adults.5 These flavors are largely what has fueled the e-cigarette/vaping epidemic over the past decade. There are a variety of harmful flavored products on the market:

  • E-cigarettes: nicotine vapor products that contain addictive nicotine and are known to cause lung damage. As of 2022, more than 2.5 million youth reported using e-cigarettes in some form and most use flavored e-cigarettes.6,7
  • Menthol cigarettes: menthol creates a cooling effect, reducing the harshness of cigarette smoke and making them easier to start and harder to quit. Current laws restrict any flavors in cigarettes, except for menthol. Dating back to the 1950’s, the tobacco industry has used predatory marketing practices to target the Black/African American community with menthol cigarettes, leading to higher use and death rates and contributing to significant health inequities.8
  • Hookah: water pipes used to smoke specially made flavored tobacco. There is a dangerous misconception that hookah is a safe alternative, but there is a similar health risk to cigarette smoking because users are still ingesting harmful nicotine, tar, and heavy metals – often at a faster rate (i.e. more inhales over longer periods of time). A 1-hour hookah smoking session may expose the user to 100-200 times more smoke, up to 9 times more carbon monoxide, and 1.7 times more nicotine of a single cigarette.9 Highest use rates are found in college students, with use ranging from 22% to 40%.9
  • Flavored cigars and cigarillos: little cigars that are often sold in many flavors. Similar to menthol cigarettes, current laws do not restrict the sale of flavored cigars or cigarillos, despite the same long-term health risks, like COPD and cancer. One large cigar has the same amount of nicotine as a pack of cigarettes.10
  • Smokeless tobacco: not burned and is either dissolved, chewed, or spit – available in a variety of flavors, often appealing to youth. Smokeless tobacco use can lead to nicotine addiction and cause mouth, throat, stomach, and esophageal cancers.11

Did you know? In 2020, a Health Impact Review by the Washington State Board of Health found very strong evidence that prohibiting the sale of flavored vapor products would decrease the use of ALL tobacco products by adolescents and young adults.

The Menthol Problem

Minty, menthol flavors are added to dull the harsh smoke/vapor from nicotine-containing products and to make them easier to start using. Mentholated products can also be even more addictive, making them harder to quit. Menthol cigarettes are the only flavored cigarettes that were not banned in the 2009 Tobacco Control Act. Nearly 100,000 Washingtonians who smoke use menthol cigarettes.

Since 2009, many advocacy organizations and public health agencies across the U.S. have continued to push the FDA to prohibit all flavored tobacco products. The evidence is clear that flavors attract youth and menthol products cause more deaths, especially among Black Americans. The FDA failed to take meaningful actions and was sued in 2020 by the African American Tobacco Control Leadership Council for unreasonable delay in regulating menthol cigarettes. In 2022, the FDA proposed a rule to prohibit menthol flavor in cigarettes and a rule to prohibit all flavors in cigars. This federal rulemaking is behind schedule and still in progress.

Studies show that there are numerous benefits to banning menthol, including:

  • helping 923,000 smokers quit, including 230,000 Black/African Americans – a group disproportionately affected by menthol;
  • preventing 633,000 deaths;
  • reducing youth initiation;
  • making it easier to quit; and
  • addressing health disparities.12

'We do not agree with the tobacco industry's message and strategy presented by a few Black leaders that prohibiting menthol cigarettes would be discriminatory. We reject this view. The failure to prohibit the sale of menthol cigarettes and products would be discriminatory and counter the goal and function of the FDA to protect and promote public health for all, including the African-American community.'

Disproportionate Targeting of Black/African American Communities

Exposure to advertising and marketing significantly impacts whether or not someone will use a specific product. Since the 1950’s and continuing today, tobacco companies have advertised more heavily (especially with menthol products) in predominantly Black neighborhoods. The industry has used price promotions and discounts, and supported cultural events, such as using Black models or hip-hop icons.13,14 The tobacco industry also funds some Black spokespeople and events that perpetuate inaccurate information and raise fears about proposals to end the sale of menthol cigarettes.15

The Washington State Department of Health created a campaign called ‘They Think They Know You,’ which raises awareness about the harms of menthol and how the commercial tobacco industry has taken advantage of the Black community.

A policy to end the sales of menthol cigarettes nationwide could save more than 600,000 lives by 2050, including nearly 250,000 Black lives.16

The American Heart Association created this video featuring this powerful spoken-word piece by Ryon Everidge, titled How Long Will You Target Me?


In June 2023, the U.S. Conference of Mayors unanimously passed a resolution supporting ending the sale of menthol cigarettes and other flavored products. The Conference of Mayors continues to raise awareness about how these harmful products adversely affect Black communities across the country.

Emerging Products

The tobacco industry continues to create new products and push new variations into stores, often trying to evade federal and state regulations. Some products are marketed as ‘reduced risk’ or ‘healthier’ to try to increase the appeal to non-tobacco users and to youth. Flavors are commonly added to these emerging products. It’s important to stay in the loop on what’s being developed and marketed. The following are currently available:

  • Disposable e-cigarettes: On the market because of loopholes in federal regulations on “closed-pod” systems that leave disposable and refillable e-cigarette devices out. As a result, the industry started developing and marketing more disposable e-cigarettes with synthetic nicotine, such as Puff Bar, Elf Bar, Hyde, and Breeze. Youth use of disposable e-cigarettes skyrocketed 1,000% between 2019-2020.17
  • Synthetic nicotine: marketed as “tobacco-free nicotine”, this nicotine is created in a lab instead of coming from tobacco leaves. Marketing for some products tries to make them appear “healthier” and “safer” than tobacco. Synthetic nicotine is still a highly addictive substance that impacts brain development, memory, attention, and ability to learn. Tobacco companies created these products to exploit loopholes in federal and state regulations.
  • Oral nicotine pouches: smokeless flavored products that contain a nicotine powder (e.g. Zyn, On! and Velo), as opposed to pouches with shredded tobacco leaf, like snus. Oral pouches often have high nicotine concentrations. The FDA does not consider this a smokeless tobacco product because there are no tobacco leaves, leaving them out of flavor regulations.
  • Heat-not-burn or “heaters”: electronic devices (e.g. iQOS) that contain tobacco and are heated to a high temperature to produce ‘smoke’ that the user inhales. These products contain nicotine, flavors, and other chemicals.
Did you know that...
  • youth who have used e-cigarettes were more likely to purchase those labeled "tobacco-free nicotine" and
  • 73% of youth and young adults who use oral nicotine pouches also smoke cigarettes and 49% are using e-cigarettes.18,19

Additional Resources

Youth

Menthol

  1. CDC and National Youth Tobacco Survey, 2021: https://www.cdc.gov/media/releases/2022/p0310-student-tobacco-products.html
  2. The Truth Initiative: https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults
  3. The Truth Initiative: https://truthinitiative.org/research-resources/targeted-communities/tobacco-use-african-american-community
  4. “Menthol Cigarette Use Among Adults Who Smoke Cigarettes, 2008–2020: Rapid Growth and Widening Inequities in the United States” Goodwin et al. 2023. Nicotine & Tobacco Research https://doi.org/10.1093/ntr/ntac214
  5. Washington Department of Health: https://sboh.wa.gov/sites/default/files/2022-08/2022-State%20Health%20Report.pdf
  6. American Lung Association: https://www.lung.org/quit-smoking/e-cigarettes-vaping/lung-health
  7. The. Food and Drug Administration: https://www.fda.gov/tobacco-products/youth-and-tobacco/results-annual-national-youth-tobacco-survey
  8. Campaign for Tobacco-Free Kids: https://assets.tobaccofreekids.org/content/what_we_do/industry_watch/menthol-report/2021_02_tfk-menthol-report.pdf
  9. The Centers for Disease Control and Prevention: https://www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco_industry/hookahs/index.htm
  10. American Lung Association: https://www.lung.org/blog/dangers-flavored-cigars
  11. The Centers for Disease Control and Prevention: https://www.cdc.gov/tobacco/data_statistics/fact_sheets/smokeless/health_effects/index.htm
  12. The Food and Drug Administration: https://www.fda.gov/news-events/press-announcements/fda-commits-evidence-based-actions-aimed-saving-lives-and-preventing-future-generations-smokers
  13. The Centers for Disease Control and Prevention: https://www.cdc.gov/tobacco/health-equity/african-american/unfair-and-unjust.html
  14. Campaign for Tobacco-Free Kids, Stopping Menthol, Saving Lives Report: https://assets.tobaccofreekids.org/content/what_we_do/industry_watch/menthol-report/2021_02_tfk-menthol-report.pdf
  15. The Truth Initiative: https://truthinitiative.org/research-resources/targeted-communities/tobacco-industry-has-fueled-false-claims-eliminating
  16. “Modeling the Future Effects of a Menthol Ban on Smoking Prevalence and Smoking-Attributable Deaths in the United States.” Levy et al. American Journal of Public Health, 2011. https://pubmed.ncbi.nlm.nih.gov/21566034/
  17. The Truth Initiative: https://truthinitiative.org/research-resources/emerging-tobacco-products/elf-bar-hyde-and-breeze-what-you-need-know-about-rise
  18. The Truth Initiative summary of Tobacco Control study (2023): https://truthinitiative.org/research-resources/emerging-tobacco-products/tobacco-free-nicotine-labels-e-cigarettes-increase
  19. The Truth Initiative summary of Preventive Medicine Reports study (2023): https://truthinitiative.org/research-resources/emerging-tobacco-products/new-study-shows-many-young-oral-nicotine-pouch-users
  20. Research cited on CDC webpage Unfair and Unjust Practices and Conditions Harm Asian, Native Hawaiian, and Pacific Islander People and Drive Health Disparities