Italian customs officials are questioning a decision that allows Japan Tobacco International (JTI) to reintroduce two brands of menthol cigarettes.
From May 20, 2020, the sale of menthol cigarettes has been banned in the European Union. However, as a Danish study published in Tobacco Control suggests, there have been multiple reports of tobacco manufacturers circumventing this measure. The ban only covers the "characteristic flavor" of cigarettes, and those involved in tobacco control believe that this definition is too vague and difficult to apply.
Customs' appeal ruling favors Japan Tobacco International.
In the months following the implementation of the ban, JTI introduced 66 mint-flavored cigarette brands in Europe without disclosing it. Organized Crime and Corruption Reporting Project (OCCRP) in Italy had the Mario Negri Laboratory in Milan analyze some of these brands, which specializes in tobacco research. This confirmed that JTI's Camel and Winston brands contained a higher level of menthol than standard cigarettes.
The Italian customs subsequently analyzed these markings in a laboratory in Palermo and ordered the withdrawal of these reference materials from the market. JTI objected to this decision in court on the grounds that the Sicilian laboratory was not approved by the European Commission and therefore unable to analyze menthol cigarettes. The Administrative Court of Rome authorized the resale of the relevant brands in September 2022, based on the tobacco company's argument. Although JTI has not reintroduced the aforementioned brands, the Italian customs has just appealed this decision and a hearing is expected to take place in early 2023. In France and the United Kingdom, JTI has reintroduced the Camel Fresh brand of menthol cigarettes.
Two British and American tobacco brands have also been implicated.
In early 2022, Italian customs analyzed cigarettes sold by British American Tobacco (BAT) and requested that the Lucky Strike Eclipse and Rothmans of London Surround King Size brands be taken off the market. After agreeing to modify the ingredients of these cigarettes in June 2022, British American Tobacco was allowed to keep these products on the market.
The issue is that there should be no doubt in the law regarding the allowed quantity of menthol in cigarettes. The use of menthol as a flavoring in cigarettes should be limited," said Maria Sofia Cattaruzza, Chairperson of the Italian Tobacco Association (SIT), emphasizing the importance of the court ruling. Like other undisclosed additives in cigarette ingredients such as licorice or honey, menthol is still one of the most commonly used ingredients in the tobacco industry, with its levels kept low to avoid being classified as a "characteristic aroma." In fact, many studies have shown that the presence of menthol promotes the start of smoking and a more severe dependence on nicotine.
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