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Ban on menthol flavor capsules in cigarettes for fresh breath
The Braunschweig administrative court has confirmed the ban on cigarettes containing menthol flavor capsules in Germany. A tobacco manufacturer's suit against the ban was rejected. The aroma capsules are prohibited because, according to legislators, they also increase the attractiveness of smoking. The capsule cigarettes violate, among other things, the "Framework Convention of the World Health Organization (WHO) for the control of tobacco use", judged the court. (Az. 5 A 206/11)
With the ban on flavor capsules, the Federal Office of Consumer Protection and Food Safety has implemented the requirements of the agreement with the World Health Organization (WHO), according to which cigarettes and other tobacco products must not be made more attractive by innovations. Since the menthol in the aroma capsules reduces bad breath after smoking, cigarettes would become more attractive and thus increase the risk of addiction, the judges of the Braunschweig Administrative Court argued. The cigarettes with menthol flavor capsules are therefore rightly prohibited and may not be sold in Germany in the future either, according to the current court ruling.
Menthol flavor capsules make cigarettes more attractive?
Since bad breath is perceived by many smokers as an unpleasant side effect of tobacco consumption, tobacco manufacturers have a keen interest in improving their products in this regard. In fact, this could potentially favor tobacco use. However, it is doubtful whether the cigarettes with menthol flavor capsules would have met with a corresponding response from smokers. Conventional menthol cigarettes were also not particularly popular. However, an attractive advantage of the aroma capsule technique might be that the capsule is broken only at the end of cigarette smoking and does not release any menthol taste beforehand. Nevertheless, the increase in attractiveness assumed by the court would probably only have been felt by a minority of smokers. The consistent attitude of the legislator towards new, possibly more attractive tobacco products is nevertheless to be welcomed. No precedents may be created here that would later justify the permission of other products. (fp)
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