A Guide to Flavor Bans (And Why We're Against Them)
As the debate over nicotine regulation in the US intensifies, one topic that continues to be a sticking point from state-to-state is whether or not to ban flavored products.
While parents, educators, and public health officials have every right to be wary of their kids’ exposure to nicotine products, this is why regulatory oversight and responsible retailing matters. Put simply: Flavors aren’t the problem.
Here at Nicokick, we’d argue that there are more effective ways to prevent nicotine from getting in the hands of youngsters than depriving everyone of choice.
In a recent article for the Food and Drug Law Institute, our Senior Director of Scientific Affairs, Dr. Marina Murphy, draws on numerous studies to support this claim. She says that although these policies are well intentioned, there’s real world evidence to suggest that flavor bans might do more harm than good. This can include surges in smoking rates and/or the proliferation of black-market products because people can’t get what they want (or need) through proper, regulated channels.
So, with bans already in effect in some parts of the country and other state legislators considering their next move, we figured it was time to fight fear with facts and speak up about flavors!
Key Takeaways
- Flavor bans prohibit the sale of flavored nicotine and tobacco products. In most cases, this means ony tobacco and menthol are allowed.
- These laws are decided on a state- or municipal-level and they’re currently in effect in places like Massachusetts and California.
- Flavor bans aim to curb youth consumption, but the real-world effectiveness of this strategy is debatable.
- Black markets can thrive when flavors are banned, exposing consumers to unregulated, potentially dangerous products with no quality control or transparency.
- As people regain their sense of taste after quitting smoking, studies have shown that flavor makes it easier to stay away from cigarettes.
- Nicotine pouches undergo strict FDA regulation through the Pre-Market Tobacco Application (PMTA) process.
- Buying nicotine products online through sites like ours is often more secure than in-store because we have strict (21+) age verification and we also independently test the products we stock.
- According to our Senior Director of Scientific Affairs: “If the goal is to improve public health, the focus should shift from prohibitionist policies toward pragmatic, science-based approaches that genuinely reduce smoking-related harm.”
Ban or No Ban, People Will Still Seek Out Flavors
The main argument for flavor bans is that flavored products (like fruit and mint) are more appealing to youth. By only selling unflavored nicotine, you “eliminate the temptation” for people under the age of 21 to try these products.
This may sound good in theory, but it’s less so in practice.
According to Dr. Murphy, one of the most serious consequences of flavor bans is the creation of black markets, because when legal access is cut off, demand doesn’t disappear—it just shifts underground. These unregulated products can pose significant health risks because they often lack quality control, contain harmful additives, or can easily misrepresent their nicotine content, leading you to consume more milligrams than you realize.
Health policies can't ignore this fact in pursuit of a utopian reality in which youth have no access to any substances. Harm reduction is a realistic & achievable goal, whereas banning vice products may not be.
If history has taught us anything, it’s that prohibitionist-style tactics don’t work. People will still find ways to seek out what they want and, if restricted, may not have the same product safety standards or consumer protections in place. Regulated, adult-only access is the more responsible way to go.
The Role of Flavor in Harm Reduction
Shifting gears to the adult perspective, and research shows that most long-term smokers who switch to reduced-risk alternatives (in this case, e-cigarettes) are more likely to stick to smoke-free alternatives when flavors are an option.
Flavors not only make the transition from smoking easier but also create a clear distinction from the taste of traditional cigarettes—a difference that Dr. Murphy says can help smokers leave tobacco behind for good.
Quitting smoking often leads to a rapid recovery of taste sensation... [Flavors] allow individuals to tailor the experience to their preferences & are essential to smokers looking to quit permanently.
Dr. Murphy points to the fact that some FDA approved products for smoking cessation, like Nicorette, are available in multiple flavors—so, why the double standard?
She also highlights how researchers from the Yale School of Public Health used retail data from 44 states across the US to see how consumers reacted when flavored vapes were taken off the shelves. The data showed 12 additional cigarettes were purchased for every flavored vape pod not sold due to flavor restrictions. Far from an ideal outcome.
Other Ways to Keep Nicotine Out of Kids' Hands
At Nicokick, we believe in supporting adult consumers on their smokeless journey with the full array of flavored and unflavored nicotine alternatives at their fingertips. We only stock compliant products that adhere to our testing standards and we’re also deeply committed to ensuring responsible usage of these products.
We do that through age verification safeguards that are designed to keep youth out, while giving adults access to the tobacco leaf-free tools they need.
Contrary to public perception, online sales platforms with strict age-gating mechanisms may be more effective at restricting youth access than brick & mortar stores, where human error is always a factor.
Think of it like this: Would you trust someone working at a convenience store or supermarket to go through the necessary ID checks for every single transaction—especially during peak periods if they’re busy or distracted? Or would you say the third-party authentication tools we use to ensure every customer is 21+ and the extra Adult Signature Requirement (ASR) we have in some states is more reliable?
Have Your Say
To sum up, flavors aren’t the enemy here—combustible tobacco is. Banning them is a short-sighted approach that could risk undoing years of progress in the field of tobacco harm reduction.
We believe there are other, more effective ways of preventing youth access to nicotine that regulators should explore, starting with the implementation of robust age gates online.
Once again, Dr. Murphy puts it best: “If the goal is to reduce harm, then regulations must be grounded in science, not stigma.”
