R.J. Renolds's new, non-menthol Newport cigarettes are displayed for sale at a store in San Francisco's Mission District on Jan. 7, 2023.
Luis Pinto, the vice president of communications at R.J. Reynolds, said in an email that the “products introduced in California meet and comply with all applicable regulatory requirements.” He added that the new cigarettes “are not subject to the recently enacted ban because they do not have a distinguishable taste or aroma other than tobacco.”
In mid-December, the U.S. Supreme Court refused to block the law, rejecting a request by Reynolds. The company had cited “substantial financial losses” as a likely outcome of the ban, given that menthol cigarettes make up one-third of the cigarette market. The company had also noted that if the ban were to take effect, its customers “may never pledge the same brand loyalty.”
Menthol has been a major target for those who want to reduce smoking, since it infuses a cool, minty sensation that often appeals to young smokers and masks the harshness of tobacco. Studies have shown that the products have been marketed heavily to Black people. Jordt said that the chemical had a cooling effect but not a minty odor or flavor, and that the health effects of the additive were unknown. While other countries have banned flavored tobacco or menthol, he said, only Germany and Belgium have prohibited this particular additive.
Drafters of the California law had the international experience in mind, by outlawing flavor accessories and any claims that promote a flavored product. To Dr. Pamela Ling, the director of the Center for Tobacco Control Research and Education at the University of California San Francisco, the message is clear.
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