Menthol Cigarettes: Banned In New Brunswick?

In 2015, the Canadian province of New Brunswick passed legislation to ban the sale of flavoured tobacco products, including menthol cigarettes. The ban came into effect on January 1, 2016, and was enacted to protect the health of young people and reduce the number of smokers in the province. This decision was met with a lawsuit from Imperial Tobacco Canada and two New Brunswick businesses, who argued that the provincial government did not have the right to implement such a ban. Despite this opposition, the New Brunswick government remained committed to its decision, citing the potential health benefits for its residents.

Menthol cigarettes were banned in New Brunswick in 2016

The government of New Brunswick passed the legislation in 2015, giving store owners until January 2016 to get rid of their current stock of flavoured tobacco products. The ban applies to all flavoured tobacco products, including menthol cigarettes, cigars, and chewing tobacco.

The provincial government has stated that the ban is necessary to protect the health of young people, who are particularly attracted to flavoured tobacco products. According to data from the Youth Smoking Survey, 52% of teenage smokers in New Brunswick use flavoured tobacco, and 38% use menthol specifically.

The ban on menthol cigarettes in New Brunswick has been controversial. Some people argue that the provincial government does not have the right to ban menthol cigarettes, as menthol is exempted from the list of prohibited flavour additives in the federal Tobacco Act. Imperial Tobacco Canada and two New Brunswick businesses sued the provincial government over the ban, alleging that it is unconstitutional. However, the Canadian Cancer Society and other public health groups support the ban, arguing that flavoured tobacco products are especially appealing to teens and contribute to tobacco addiction.

The New Brunswick menthol cigarette ban is part of a broader trend in Canada and other countries to restrict the sale of flavoured tobacco products to reduce tobacco use, particularly among youth.

The ban was part of new outdoor smoking rules

New Brunswick has implemented a ban on the sale of all flavoured tobacco products, including menthol cigarettes. The ban came into effect on January 1, 2016, as an amendment to the Tobacco Sales Act. The provincial government aimed to discourage smoking and improve the health of its residents, especially the youth, who are particularly attracted to flavoured tobacco products.

The ban on menthol cigarettes and other flavoured tobacco products was met with resistance from some smoke shops and tobacco companies, who argued that the provincial government did not have the right to implement such a ban. Imperial Tobacco Canada and two New Brunswick businesses filed a lawsuit against the province, claiming that the ban was unconstitutional and that the government was overstepping its bounds by prohibiting the sale and use of flavoured tobacco products. They also argued that menthol was specifically exempted from the list of prohibited flavour additives in the federal Tobacco Act. However, the Canadian Cancer Society supported the provincial ban, stating that flavoured tobacco was especially attractive to teenagers.

The New Brunswick government's decision to ban menthol cigarettes and other flavoured tobacco products was a significant step towards reducing smoking rates and improving the health of its residents. By including this ban as part of new outdoor smoking rules, the provincial government demonstrated its commitment to creating healthier, smoke-free environments for its citizens.

The ban was challenged in court by tobacco companies

In 2015, the New Brunswick government announced a ban on the sale of flavoured tobacco products, including menthol cigarettes, which came into effect on 1 January 2016. The legislation was intended to make ""smoking less attractive for all New Brunswickers, especially [the] youth."

The ban was challenged in court by tobacco giant Imperial Tobacco Canada and two local New Brunswick tobacco speciality shops. In their lawsuit, the companies argued that the provincial government did not have the right to ban menthol cigarettes. They claimed that the ban was overbroad and that the government was overstepping its legislative authority.

Imperial Tobacco Canada's Corporate Affairs Manager, Jeffrey Guiler, stated that the company believed the government had "overstepped its legislative authority by banning menthol" and that the matter could not be resolved outside of a courtroom unless the government reversed its decision. The company's Vice President of Legal and External Affairs, Tamara Gitto, also asserted that banning menthol tobacco products would not eliminate them from the New Brunswick market, but rather drive consumers towards the illegal tobacco market.

The lawsuit was dismissed by Health Minister Victor Boudreau as a ""typical reaction" from the tobacco industry. He expressed confidence in the government's approach, stating their commitment to reducing smoking rates, particularly among children. The Canadian Cancer Society also supported the ban, with lawyer Robert Cunningham calling the tobacco company's efforts a "public relations effort" and stating that the industry "cannot be trusted."

The Canadian Cancer Society supported the ban

Robert Cunningham, representing the Canadian Cancer Society, stated that the organization "wholeheartedly" supported the ban on menthol products in New Brunswick. This stance was based on the understanding that flavoured tobacco is particularly attractive to teenagers, with data showing that 52% of high school students who use tobacco in the province consume flavoured varieties, and 38% specifically use menthol. The Society aims to protect young people from the harmful effects of tobacco and prevent them from developing a smoking habit.

The Society's support for the ban is also reflected in their criticism of menthol "capsule" cigarettes, introduced by tobacco companies in 2015. These cigarettes feature a squeezable menthol capsule in the filter, releasing a burst of flavour to make the smoking experience more appealing and less harsh. The Canadian Cancer Society criticized this innovation as a gimmick targeted at enticing young people to smoke. Rob Cunningham, a Senior Policy Analyst with the Society, emphasized the need for urgent legislation to prohibit menthol cigarettes and protect children's health.

The Canadian Cancer Society's efforts to curb the use of menthol tobacco products extended beyond New Brunswick. They urged the federal government to impose a nationwide ban on menthol capsule cigarettes and encouraged provincial governments to implement legislation prohibiting flavoured tobacco. The Society's advocacy contributed to the adoption of menthol cigarette bans in several Canadian provinces, including Nova Scotia, Alberta, Ontario, and Quebec.

The Canadian Cancer Society's support for the ban on menthol cigarettes in New Brunswick is aligned with their mission to eradicate cancer and enhance the quality of life for individuals affected by the disease. By addressing the root cause of tobacco-related cancers, the Society strives to create a healthier future for Canadians, especially the younger generation.

Similar bans have been proposed in the US

In April 2022, the US Food and Drug Administration (FDA) announced its intention to ban menthol cigarettes and flavoured cigars, with a deadline of August 2023. However, the FDA missed this deadline and, as of May 2024, has yet to finalise the rule. The FDA's decision is based on scientific evidence that menthol cigarettes are more addictive and harmful than non-menthol cigarettes, particularly for youth and young adults.

The FDA's proposed ban has received widespread support from public health leaders and the general public. According to a 2021 survey, 62.3% of adults supported a policy prohibiting the sale of menthol cigarettes, and this support was even higher among Black Americans, who are disproportionately targeted by the tobacco industry and suffer greater health consequences from smoking menthol cigarettes.

While the FDA's ban is still pending, some states and cities have taken matters into their own hands. Massachusetts and California have banned the sale of all flavoured tobacco products, including menthol cigarettes. Additionally, bills to ban menthol and flavoured tobacco products have been introduced in several other states, including Hawaii, New York, Vermont, and Washington. As of 2024, more than 190 cities and counties across the US have also restricted the sale of menthol cigarettes.

The tobacco industry has lobbied heavily against these bans, arguing that menthol cigarettes do not pose additional health risks compared to non-menthol cigarettes. Some small-business owners have also expressed concerns about the potential impact on their businesses. However, public health experts and advocates continue to push for menthol cigarette bans to protect the health and well-being of Americans, especially vulnerable communities that have been disproportionately affected by the tobacco industry's targeted marketing.

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