D.Rees, “Great alternatives” to menthol cigarettes exist, says PML, Convenience Store, 15 June 2020, accessed July 2020 M. Zatonski, Evidence-based policy making? The case of Polish opposition to the EU Tobacco Products Directive, Journal of Health Inequalities, 2016;2(1):36-39

BAT also developed new variations under its Pall Mall, Vogue and Rothmans brands which included new blends and changes to filters “providing meaningful differentiation for adult smokers who previously preferred menthol.” 68 69 70 A representative of BAT (P.J.Carroll) in Ireland said that it was “not launching any cigarette brands or accessories with menthol-type properties”. 64 Founded in 1660, Frenchman Pierre Lacroix became the first person to offer papers that are specifically designed for rolling tobacco. The name Rizla is derived from the French word “Riz” meaning rice and “La” for the Lacroix family. The change in name came about following the successful introduction of rice paper in 1886.

Supplementary Data

Figure 2: Tobacco companies increased their sales of menthol in the run up to flavour bans in the UK and Poland (source: TCRG, June 2021) E. Cronin, Imperial tobacco unveils crushball filter tip, talkingretail.com, 11 December 2018, accessed March 2020 Euromonitor International, Global market share for menthol and capsule cigarettes, 2014-2020, accessed September 2020 (paywall) Imperial expands portfolio with new L&B filter, Convenience Store, 31 January 2019, accessed August 2021 European Commission, Questions & Answers: New rules for tobacco products, EC Memo, 26 February 2014, accessed March 2020

The same figure has been used by the tobacco industry to lobby against the ban, arguing that it is discriminatory: “giving special treatment to the rich, and singling out communities of color”. 27 In September 2020, the American Medical Association (AMA) joined the lawsuit as co-plaintiffs. 28 The president of the AMA said that: a b c J. Courtez, JTI claims fake menthol tobacco products seized in the Uk ahead of May 20 ban, 2 April 2020, accessed April 2020 Tobacco companies used product innovation as a way to circumvent the menthol ban and maintain a market for their menthol products, claiming that they were doing so to meet the needs of consumers. 8 35 36 There is evidence that prohibiting the sale of menthol containing cigarettes will be effective both in reducing youth initiation and in encouraging quitting: Baseline ever use of non-cigarette flavoured tobacco products (e-cigarettes, hookah, smokeless, bidi, kreteks)The UK cigarette market, is dominated by two tobacco companies, Imperial Tobacco (Imperial Brands) and Japan Tobacco International (JTI). 12 According to Euromonitor, in 2019, Imperial had a 44% share of the total cigarette market and JTI 37%, by retail volume. Although it is also based in the UK, British American Tobacco (BAT)’s share was much smaller, at just over 9%. Philip Morris International (PMI) had under 8%, mainly due to its Marlboro brand. 13 Tobacco companies have targeted politicians and law makers with direct financial contributions, and funded third party organisations to lobby on their behalf. 18 19 20 21 22 An investigation by the Bureau of Investigative Journalism (BIJ) revealed how consultants working for Reynolds American did not always declare their links to industry. 19 Public Health Law Center. United States of America v. Philip Morris USA, INC. Civil Action No. 99-2496 (GK). 2006. (p. 1051) Rizla Flavour Cards are available in two great flavours: intense Menthol Chill and the milder flavour of Fresh Mint.

Figure 1: Prevalence of flavour of cigarettes smoked (usual brand of choice) in 2016 (%).(Source: EUREST-PLUS ITC Europe Surveys) 10To be efficient, bans on flavoured tobacco products should prohibit menthol and other ingredients with flavour properties, as ingredients. Consequently, authorities are not placed in a position to prove whether a flavour is characterising. Banning menthol as an ingredient will also end tobacco companies’ use of menthol for its pharmacological effects. Internal tobacco industry documents reveal that even subliminal levels of menthol may decrease the harshness of tobacco smoking by making the smoke more ‘smooth’ 22 and that these properties appeal to novice smokers. 23 Other ingredients that have the potential to mask the irritating effect of tobacco smoke, such as ingredients that produce a cooling effect, should also be banned. Moreover, legislation should encompass all tobacco products to avoid the substitution of one product with another. To be comprehensive, the legislation should also prohibit flavoured tobacco accessories and filter modifications which may enable tobacco companies to circumvent the flavour ban. These recommendations should be considered in the revision of the EU TPD. The revised TPD should at least make it clear that member states may go beyond the directive provisions to protect public health. Anderson SJ. Marketing of menthol cigarettes and consumer perceptions: a review of tobacco industry documents. Tob Control. 2011; 20 Suppl 2:ii20-8. Lawyers from Imperial Tobacco, the maker of JPS and Lambert & Butler, repeatedly wrote to PHE and quizzed it about the legality of the delay. Both companies have commissioned research that they claim shows JTI’s cigarettes to have a characterising flavour, the results of which they have shared with PHE. A. Gray, A. Edgecliffe-Johnson, Big Tobacco prepares to fight proposed ban on menthol cigarettes, Financial Times, 17 November 2018, accessed March 2020 The tobacco industry has developed new ways to try and subvert the regulations on menthol cigarettes. For example, in January 2020 Imperial Brands launched new ‘Rizla infusions’ cards which can be inserted into cigarettes or hand rolling tobacco to produce a menthol flavour.[10] Japan Tobacco International has launched a new range of menthol flavoured cigarillos which are exempt from the regulations.[11]