New flavor law requires: "A distinct smell and taste of TOBACCO"

Age limits for nicotine pouches but taste bans for e-cigarettes. This is the content of the government's new bill to reduce nicotine use in Sweden. However, the government chooses to still allow the sale of regular cigarettes.

It is now clear that the Swedish government wants to ban virtually all flavors in e-cigarettes and e-liquid. From 1 January 2023, all flavored e-liquid, including nicotine-free e-liquid, must have a distinct smell and taste of tobacco. If Parliament says yes to the new law.

"Liquids intended to be consumed through electronic cigarettes shall not be made available on the market to consumers if the liquids contain additives that lead to a clearly perceptible smell or taste of something other than tobacco." writes governments in its legislative proposal "Tighter rules for new nicotine products, now submitted to the Legislative Council.

"Tobacco taste is perceived as more dangerous"

As Vejpkollen revealed already in the fall of 2020, the Social Democratic government, together with several interest groups, believes that all flavoring in e-liquid in e-cigarettes should be banned. In March 2021, the the inquiry that proposed all flavorings that do not give "a distinct aroma and taste of tobacco" should not be allowed to be sold in Sweden. 

"Among teenagers, taste is one of the main factors for trying and continuing to use e-cigarettes. E-cigarettes that taste like tobacco are perceived by young people as more dangerous than e-cigarettes with fruit or sweet flavors." writes governments

85% prefer flavors other than tobacco

Half of all respondents have in various ways criticized the conclusions of the report. Many believe that a taste ban will be difficult to implement and that such an intervention would have far too great consequences in relation to what the government wants to achieve. In addition, many believe that the restriction will benefit the traditional cigarette trade.

"85% of adult users buy non-tobacco flavors. There is a high risk that they will return to smoking if the flavor ban comes into force", for example the electronic cigarette industry association BELC in its consultation response.

Risks increasing cigarette sales

According to a survey among e-cigarette users in Europe, more than a third of these would return to smoking if the taste of tobacco alone were sufficient. Several respondents also refer to a recently published study where smoking among young people increased sharply, compared to other, when the city San Francisco banned flavored e-cigarettes, with the exception of tobacco flavors.

Law hits small businesses hard, says government

The impact on small business owners in the e-cigarette sector will be particularly severe, especially for companies selling only vejp products. This is something the Government is aware of.

"The proposal to restrict the flavoring of liquids intended for consumption through e-cigarettes leads to a negative impact on the market for such liquids. This applies to both nicotine-containing and non-nicotine-containing liquids. The proposals are likely to be particularly negative for smaller traders who find it more difficult to bear the costs that the proposals entail. However, the Government believes that these effects are more than justified by the fact that the proposals protect people from the harmful and addictive properties of nicotine, protect public health and make the products, whether or not they contain nicotine, less attractive to children and young people". Government.

Larger companies or retailers that also sell cigarettes will, according to the government, be less affected by the new law. And according to several commentators, the law will soon lead to increased cigarette sales for these companies, when e-cigarettes become less attractive.

Fewer young people are trying e-cigs

The aim of the taste ban is to curb experimentation with e-cigarettes among minors, those under 18. But according to both the report and Central information for alcohol and drugs, CAN, the share of young people trying e-cigs (at some point in the last 30 days) has decreased since the peak in 2019. 

"In 2019, 33% of pupils in year nine reported having tried e-cigarettes at some point. For students in the second year of upper secondary school, 37% had tried e-cigarettes in the same year. By 2021, this had fallen to 24% of ninth graders and 35% of upper secondary school students who had ever used e-cigarettes," notes the Government with reference to CAN.

17% smoke occasionally

The proportion of secondary school students who smoke cigarettes, as sporadically as e-cigs, is 17%. Several respondents point out that e-cigarettes do not seem to increase smoking among young people to any measurable extent.

E-cigs threaten government plans

According to Central information for alcohol and drugs, CAN, it is mainly young people who have previously experimented with, or used cigarettes, who try e-cigs. The main reason is curiosity (80%), but also different flavors such as fruit and candy flavors. 

4% of these people say they use e-cigs to quit smoking. This is too few to prevent restrictive legislation, according to the government. In addition, e-cigarettes threaten to counteract the efforts that the government believes are important for public health.

"The attractiveness of e-cigarettes to young people means that there is a risk of them acting as a gateway to nicotine addiction. This in turn risks counteracting the efforts that have been made in the field of public health," the government writes.

Majority wants licenses instead of bans

A majority of all respondents believe that, instead of a taste ban, the government should introduce a license requirement for the trade in e-cigarettes. This would mean that companies selling e-cigarettes must have a special license to do so. According to several respondents, this would strengthen the protection of young people by reducing access.

"Not enough users"

But according to the government, there is no reason for a special license. The reason is that the government thinks it will be too expensive in relation to how few people use e-cigarettes. The government also does not know whether young people's access to e-cigarettes is due to a lack of age control or to dealing between private individuals.

"E-cigarettes are still products that are used by relatively few people. Given that the market for e-cigarettes and refill containers is relatively small, and that it is uncertain how much need there is for increased control of sales, the Government considers that there are currently insufficient reasons to introduce a licensing requirement. However, it is of great importance to protect children and young people from developing a nicotine addiction," the government writes

Very few young people vejpake regularly

According to CAN, fewer than 1% of students in upper secondary school year 2 use ecigs regularly (2019). The majority of these had previous smoking habits, CAN notes.

For smoking, the corresponding figure was 6%. Use among adults follows a similar pattern to that among young people. At least when it comes to regular use. Around 2% of adults use e-cigarettes - a third of these daily.

Will switch to tobacco flavors or import

Among adult e-cigarette users in the EU, surveys show that nearly 85% of those who use e-cigarettes daily have quit smoking completely and replaced cigarettes with e-cigarettes.

The government acknowledges that even adult users prefer flavors other than tobacco, but that the ban will benefit children more than adult vejp users, and is therefore acceptable. 

"Some consumers are likely to switch to permitted liquids or to tobacco-free nicotine products that are still flavored with flavors other than tobacco. Some more are likely to stop using nicotine-containing products. There is also a risk that there will be an influx of liquids with unauthorized scents and flavours from other EU countries that have more generous rules" writes Government.

Not sure how it will work

The government admits that it does not know how the ban will work in practice.

"Assessments will need to be made of which additives emit or lead to e-liquids having an aroma or taste of something other than tobacco. As several commentators opposed to the proposal state, the Government is aware that such assessments can be complicated. It can be emphasized that only additives that are necessary for the functioning of the e-cigarette or that give the liquid a tobacco flavour should be allowed"

The government leaves it to the municipalities, which usually carry out checks on e-cigarettes, to also check whether an e-liquid "smells and tastes like tobacco".

The bill has now been submitted for consultation to the Legislative Council. Parliament will then vote on the new law. This will take place on March 22, 2022. If the law goes through, all flavors that do not "have a distinct smell and taste of tobacco must disappear from all stores January 1, 2023.

Worried about the future of vejpare? Want to get involved in the issue? Join the Swedish Vejpare/NNA Sweden Association

Sources:
Legislative proposal: Tighter rules for new nicotine products
CAN - What are e-cigarettes and how common are they?



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1 Comment on “Ny smaklag kräver: ”En tydlig doft och smak av TOBAK”

  1. No "tobacco-flavored" e-juice "tastes or smells" like tobacco and certainly not like cigarette smoke. That is also the point, that most people want to get away from what would possibly remind them of cigarettes. My experience is that no "tobacco flavor" tastes like tobacco, however few taste good. Stop shoehorning vejpning into the regulation of cigarettes! It gets sillier and sillier. Like when politicians shoehorn vejpning into smoking bans. I've always been able to vejpat in outdoor restaurants without any problems because it doesn't smell and disturb anyone, for example. Flavor essences can be bought from France, the UK or Germany. Why oppose something that replaces cigarette smoking? Much seems to come from the puritanical USA as well as the former "War on drugs" and other bad policies. Stanton Glantz produces junk research and Mike Bloomberg funds, because a billionaire like him knows best how ordinary potheads should live their lives.

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