Last updated: July 29, 2023
Regulated Contents in Cigarettes
Are contents and/or ingredients of cigarettes regulated?
Tobacco and Nicotine Control Council
The law prohibits tobacco products that have a characterizing flavor or additives that facilitate nicotine uptake.
Are cigarette emissions regulated?
Tobacco and Nicotine Control Council
The authorizes the Tobacco and Nicotine Control Council to prescribe permissible levels of tar, nicotine, and other emissions. However, emissions are not yet regulated.
Sugars and sweeteners (other than those added to replace sugars lost during the curing process)
Examples of sugars and sweeteners include: glucose, molasses, honey and sorbitol.
The law prohibits the manufacture, import, distribution, and offer for sale of tobacco products that have a “characterizing flavor”. Accordingly, sugars and sweeteners that produce a characterizing flavor are prohibited.
The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as sugars and sweeteners in cigarettes.
Menthol, mint or spearmint (including analogues and derivatives)
The law prohibits the manufacture, import, distribution, and offer for sale of tobacco products that have a “characterizing flavor”. This is interpreted as prohibiting the use of menthol, mint, and spearmint in tobacco products.
The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as menthol, mint, or spearmint in cigarettes.
Spices and herbs (excluding mint)
Examples include: cinnamon and ginger.
The law prohibits the manufacture, import, distribution, and offer for sale of tobacco products that have a “characterizing flavor”. This is interpreted as prohibiting the use of spices and herbs in tobacco products.
The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as spices and herbs in cigarettes.
Other flavorings (not covered above)
Includes fruit flavorings. Examples of flavoring substances include benzaldehyde, maltol and vanillin.
The law prohibits the manufacture, import, distribution, and offer for sale of tobacco products that have a “characterizing flavor”. This is interpreted as prohibiting the use of other flavorings (not covered above) in tobacco products.
The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as other flavorings (not covered above) in cigarettes.
Ingredients that facilitate nicotine uptake
Examples include: ammonia.
The law prohibits the manufacture, import, distribution, and offer for sale of tobacco products that have additives with properties associated with facilitating nicotine uptake.
The law furthers FCTC Arts. 5.2 and 9 in that it regulates ingredients in cigarettes that facilitate nicotine uptake, such as ammonia.
Ingredients which may create an impression of health benefits
Examples include: vitamins, such as vitamin C and vitamin E, fruit and vegetables (and products resulting from their processing such as fruit juices), amino acids, such as cysteine and tryptophan, and essential fatty acids such as omega-3 and omega-6.
The Tobacco and Nicotine Control Act does not regulate ingredients that may create an impression of health benefits. While the law authorizes the Tobacco and Nicotine Control Council to issue regulations on contents and ingredients, regulations have not yet been issued with regard to ingredients that may create an impression of health benefits. Therefore, the use of ingredients in cigarettes that may create an impression of health benefits are allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit the use of ingredients in cigarettes that may create an impression of health benefits.
Ingredients associated with energy and vitality
Examples include: caffeine, guarana, taurine and glucuronolactone.
The Tobacco and Nicotine Control Act does not regulate ingredients associated with energy and vitality. While the law authorizes the Tobacco and Nicotine Control Council to issue regulations on contents and ingredients, regulations have not yet been issued with regard to ingredients associated with energy and vitality. Therefore, the use of ingredients in cigarettes associated with energy and vitality is allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit the use of ingredients in cigarettes that are associated with energy and vitality.
