Menthol Capsule Case

The Federal Office of Consumer Protection and Food Safety denied a tobacco company's request to sell a cigarette that contained a menthol capsule that releases a burst of flavor whenever the smoker crushes the capsule during smoking. The tobacco company appealed the government decision.  In this decision the court upheld the agency's denial. The court found that the flavor capsules violated the principle of the Framework Convention on Tobacco Control that the attractiveness of tobacco products should not be increased by novel products. The court found that the effect of the releasing the refreshing flavor on demand encourages the smoker to remain dependent. Additionally, occasional smokers or young smokers may become addicted to cigarettes with the flavor capsule where they would otherwise be discouraged by the harsh and unpleasant tobacco taste. The court found that cigarettes with flavor capsules are more hazardous than conventional cigarettes, and upheld the ban. 


File number 5 A 206/11

  • Germany
  • Sep 26, 2012
  • 5th Chamber of the Administrative Court




Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product