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STUDY: Flavour bans make things worse

Flavor bans for vaping are associated with increased cigarette use and black-market activity, including the risk of youth access and reduced consumer safety, according to a new policy paper from the Tholos Foundation. The report draws on a combination of academic literature, policy reviews, and consumer polling in multiple jurisdictions.

It documents a rising number of jurisdictions implementing or considering restrictions on flavored vaping products. In the United States, nearly 400 localities and seven states have adopted some form of flavor ban.

The report also notes pressure on the European Commission to harmonize a flavor ban across all 27 EU Member States as part of the upcoming revision of the Tobacco Products Directive.

Following the evidence

The World Health Organization (WHO) and several public health authorities argue that flavored vaping products contribute to youth uptake, leading to calls for comprehensive bans. However, the Tholos Foundation’s report references peer-reviewed studies which suggest that flavored e-liquids may support smoking cessation among adults.

Among the cited findings:

  • A 2021 study found smokers using sweet flavors were 44% more likely to quit than those using tobacco flavors.
  • A 2022 Cochrane review highlighted that flavor variety supports long-term cessation efforts.
  • A 2023 study from London South Bank University reported that personalized advice on flavor selection increased quit success rates by 55%.

Other studies cited in the report noted potential unintended consequences. For example, one analysis found that bans correlated with increased cigarette sales in restricted areas. Another multinational survey found that in the event of a flavor ban, 17% of respondents would return to smoking, and 28% would seek flavors via unofficial sources.

Consumer Survey Results

The Tholos Foundation commissioned polling agency IPSOS to survey vapers in countries where flavor bans are under discussion (Belgium, Germany, Netherlands, Sweden, Slovenia) and jurisdictions where bans are in place (Denmark, Estonia, California). Additional polling was conducted in Spain, France, and Ireland.

Key findings from countries considering restrictions:

  • In Belgium, Germany, Netherlands, Slovenia, and Sweden, most vapers indicated they used vaping to reduce or quit smoking.
  • A majority in each country considered flavors important or very important in their decision to vape. This included 90% in Belgium and Sweden, 83% in Germany, and 80% in the Netherlands.
  • Fruit, mint, and menthol were the most preferred flavors. Tobacco flavors were less popular.
  • In the event of a flavor ban, many vapers stated they would either return to smoking, source flavors online or abroad, or mix their own liquids.

Additional polling found similar trends:

  • In Ireland, nearly two-thirds of current users said they would smoke more often if flavors were banned. One-fifth of ex-smokers said they would return to smoking. Around half said they would try to obtain flavors online.
  • In Spain, 86% of vapers who had quit smoking said flavored products helped them quit. Two-thirds indicated they would either resume smoking, use tobacco flavors, or seek alternatives outside regulated channels.
  • In France, 83% of respondents said flavors helped their transition to vaping, and 75% said flavors improved their vaping experience.

Observations from Jurisdictions with Flavor Bans

In countries where flavor bans have already been enacted, the report identifies a continued use of flavored products through informal or unregulated means:

  • In Denmark, 93% of vapers said banned flavors were easy to obtain. Half purchased them in shops, and 47% sourced them online.
  • In California, 85% of vapers continued to use banned flavors, with 60% buying locally and 56% online. 90% of respondents believed the ban would increase smuggling.
  • In Estonia, most flavored products were mixed at home using ingredients from unregulated markets. The report notes concerns about potential health risks, including contamination similar to the EVALI outbreak in the United States.

Policy Preferences of Vapers

Survey respondents in all jurisdictions expressed support for alternative regulatory approaches. Across all countries, more than 80% of vapers favored policy tools other than flavor bans.

Preferred alternatives included:

  • Stricter enforcement of age restrictions
  • Comprehensive public education campaigns on youth vaping
  • Restricting sales of flavored products to adult-only stores or channels

In Belgium, the Netherlands, Sweden, Slovenia, and Germany, the majority of respondents supported these alternatives to outright prohibition. Similar patterns were observed in Denmark, Estonia, and California.

The report concludes that policymakers should consider proportionate regulatory alternatives that preserve access to flavored products for adult smokers while addressing underage use.

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